Weekly Immigration Update

I. Obama Pressed on Immigration -  The latest news from this morning, the CHC is ramping up activity, and Simon explains how immigration reform can be used as a tool to improve the economy.

II. Happening in Our Own Backyard - A friend of mine from Nashville shared with me that the Lt. Governor of Tennessee had not taken any action for or against the "English Only" provision that was voted on in TN shortly after January 20th.  The Lt. Gov. was in D.C. for the inauguration, and as he was driving home, having just heard the President's moving speech on the dream that is America, on moving forward, on how "We are One,"  that "I am my brother's keeper," and that we are not the "native" or "foreign," "black" or "white" states of America, but rather the United States of America, he began hearing anti-immigrant talk radio as he crossed the state of Virginia.  And it hit him - how could he come from hearing his President's inspired words, then go home and ignore what was happening in his own backyard?  And he got home to rally against the "English-only" provision, which failed.  This lesson applies to all of us.

Two years ago, in Prince William County, Virginia - a mere 30 minutes away from the home of our President, Congress, and federal Judicial Branch - the County Council decided it was a good idea to turn citizens and local police into immigration officers.  Now Montgomery and Frederick County in Maryland are following suit.  Following the GAO report on 287(g) that we discussed last week, NPR had a great interview with the Frederick County sheriff, Charles Jenkins - who is encouraging this policy - and our friend Frank Sharry, of America's Voice.  How can we say that we support our country, our President, and his values if we don't fight against these laws?

Sheriff Jenkins argues this initiative is in response to an "increase in crime involving people in the country illegally," but as indicated during the interview, of the 337 arrests of undocumented immigrants in Frederick County, only 12 of those individuals had actual criminal records, and only 9 participated in gang-related activity.  These individuals should be arrested and prosecuted for their offenses as part of the normal county policing efforts, but there is no reason to pinpoint "immigrants" specifically.  Data demonstrate that native-born individuals are 5 times as likely as foreign-born to have a criminal record.  This effort is not a strategy to go after actual criminals, it is an effort to turn community police into deportation agents, which has unintended consequences.  We recommend Sheriff Jenkins take a good look at the counties that have already had experience with the 287(g) program, and learn from it. 

In Prince William County, Chief of Police Deane warned the County Council of these unintended consequences:

1. Community policing efforts in minority communities will end.  Best practices in policing indicate that effective policing is based on trust.  This trust is undermined when communities - particularly minority communities - feel they, or their friends and family, are in danger of being deported or persecuted.   

2. Sharp rise in unsolved crimes and underreporting of crimes in the minority population.  As stated by Frank - there is a reason 95% of police departments choose not to participate in this program, it undermines their policing efforts.  If police are seen as "la migra" or immigration enforcement, as opposed to protectors and partners in the community, this is the expected result.

3. Crime rates among youth will rise.  These programs lead to feelings of persecution and marginalization, which translates to frustration.

4. Rise of vigilantism.  These programs cause greater "citizen activism" and embolden those with anti-immigrant feelings to feel more comfortable acting out on those feelings.

5. A more radical population.  These programs cause a greater rift between immigrants, minority communities, and those who are very anti-immigrant.  Chief Deane noted that eventually both sides become increasingly polarized and harder to deal with.

6. Perceptions of racism will increase.  The reputation and perception of life in that County changes, as we saw with the exodus of many Hispanics from Prince William.

7. Higher taxes, skyrocketing expenses.

Sheriff Jenkins believes that he is, "not spending an enormous amount of resources on this program. I am simply performing this duty as an extension of law enforcement duties."  But participation in 287(g) necessarily requires additional processes and resources, which will be felt in the county, as happened in Prince William.  In a time of economic crisis, Prince William County had to cut back on their 287(g) initiative because of the unforeseen amount of resources that went into it.  Sheriff Jenkins might want to take a look at this presentation by Chief Deane before the Prince William County Board over one year after the implementation of the 287(g) program:

III. Immigration and Latin America - President Obama wants to develop a renewed and more engaged relationship with Mexico and our other neighbors in Latin America, but given some of last week's events, one understands why it becomes difficult for these countries to trust the U.S. government - and Democrats in particular.  Last week during the vote in the Senate approving the Omnibus spending bill, the U.S. government sent mixed economic messages and backed out on a major commitment under NAFTA.  The bill that passed on Tuesday would end funding for the cross-border trucking program that was signed into law in 1993 as part of the North American Free Trade Agreement.  Regardless of the success or flaws in this program, the bottom line is that the United States agreed to this pact, signed it into law, and is now going back on its obligations (it's reported that access to U.S. roads granted to Mexican trucks in NAFTA would be terminated).  Critics cite safety concerns, but a spokesman for the Mexican Embassy argues:

"During the cross-border trucking demonstration program's 18 months of operation, 26 carriers from Mexico -- with 103 trucks -- and 10 from the U.S. -- with 61 trucks -- crossed the border over 45,000 times without a significant incident," said spokesman, Ricardo Alday.

Mr. Alday adds, "Mexico would expect that at a time of global recession and economic distress, the U.S. would play by the rules, fulfill its international treaty obligations and ensure that bilateral trade is a level playing field, rather than erect trade barriers that undermine much-needed incentives to foster growth," predicting the action would increase consumer costs.  We can expect Secretary of State Clinton will have to address this issue while she's in Mexico next week.

This issue ties into immigration because Congress must come to the realization that we are indeed connected to the rest of the world, and to the Latin America region in particular.  As long as members of Congress like Sen. Byron Dorgan and others continue to use serious policy issues to do politicking, and as long as they scapegoat our neighbors for domestic problems, it will be impossible to have a political atmosphere that is rational and balanced enough to deal with major domestic problems, like the economic crisis and the broken immigration system.  This takes me to the next issue:

IV. Mexico is No Failed State- Much was said last week about reports and academic studies calling Mexico a "failed state."  First, let's return to our basic University level Theory of State and government classes:  a "failed state" is a term used by commentators to describe a state perceived as losing basic conditions of a sovereign government.  Per Noam Chomsky, these conditions include:

1. Loss of physical control of its territory - Last I checked, not a single mayor or Governor in Mexico has ceded control to organized crime.
2. Erosion of legitimate authority to make collective decisions. - Again, President Calderon, the Judicial branch and Congress are still carrying on with daily business.  
3. Inability to provide reasonable public services. - If anything, service providers in Mexico have improved, with new education and other service providers.
4. An inability to interact with other states as a full member of the international community.  Considering the U.S. Secretary of State is visiting her counterpart in Mexico next week, and given Mexico's active participation in everything from the UN, to the OAS, to the upcoming Summit of the Americas, this is evidently not the case.

Let's stop demonizing a country that is in fact our second largest trading partner, with whom we share much more than a border and economic ties.  We share ideology, common goals, strategic benefits, the fact is we share a people and many aspects of culture and customs.

If Mexico were a failed state, we'd have to apply the same title to the U.S., given the events of 2007 that revealed unexpected shocks - primarily the implosion of the U.S. subprime market, which burst housing bubbles worldwide, slowed trade, and sent currencies into tailspins.

V. Congressional Hearing on Border Crime - It is important that all our advocates for immigration reform refute these claims as quickly as they refute attacks on our immigrant population because as long as Mexico and Mexicans continue to be seen as harmful to the U.S., immigration will continue to be equated to "Mexicans," "security," "terrorism," and other "hazards," as was evidenced during last Thursday's hearing of the House Subcommittee on Border issues.  At Thursday's hearing, Chairwoman Sanchez asked Mr. Alonzo Pena, the Homeland Security Attaché at the U.S. Embassy in Mexico City, whether all of Mexico was truly as dangerous as reports make it seem.  Mr. Pena responded that his family had just vacationed in Mexico, and that while the border region and specific areas are dangerous, tourist areas and the country in general remains safe:

"While there is violence in Mexico, it is not, and I repeat not, an indication of the government of Mexico's inability to maintain control," he said. "Rather it is an indication of President Calderon's success in confronting transnational criminal organizations in Mexico."

I left the hearing very concerned that "immigrants" continue to be bundled into "border threats" and "other hazards."   Organized crime is organized crime, many times carried out by U.S. citizens on both sides of the border.  Organized crime is one thing, immigrants are an entirely different phenomenon.  The Administration and specifically the Department of Homeland Security must separate "immigrants" and "immigration" from "gangs" and organized crime.  The ICE gang unit should certainly seek out and persecute gang members, but the ICE gang unit should not constitute all of ICE's work, nor can it serve as the foundation of ICE's ideology and priorities.

We saw progress in that both ICE and ATF agents finally recognized the harm U.S. arms are causing as they're being shipped into Mexico.  But not once was drug prevention mentioned throughout the entire hearing as part of the strategy to combat organized crime.  It took Congressman Al Green to remind the panelists that this is not a border problem, or a U.S.-Mexico problem, but a "transnational problem," and a "growth problem," due to the increase in drug use in the U.S. When none of the panelists were able to provide the number of ICE/ATF employees dedicated to "following the money trail" of organized crime, Mr. Green reiterated: the Government of Mexico has asked for our help on two fronts: control the guns, and control the money, and U.S. authorities have so far been unable to do either.

Congresswoman Kirkpatrick accurately noted, as long as we don't address the issue of drug consumption, there will be "no appreciable change" in this situation, we'll just continue with "spurts of arrests."   Instead of fanning fears of destabilization in Mexico, people like Sen.Cornyn of Texas should instead focus on what Texas can do and what they can do to stop the elements that are feeding this violence: guns and drug consumption.

VI. In Case you Missed It - A fantastic New York Times interactive map that shows immigration trends and data, and the Los Angeles Time graphic showing a decrease in arrests of undocumented immigrants along the border (while border violence is on the rise, so let's stop blaming the immigrants).  

VII. UPDATE: A very fine border line between cartels, immigration debate.

I. Immigrants Bear the Brunt of Political Posturing Yet Again - It is no coincidence that this morning USA Today published an article citing "experts" alleging that undocumented immigrants would obtain jobs from the money provided under the economic stimulus.  It just so happens that the U.S. Senate is considering an omnibus bill today that could extend the electronic verification system known as "E- verify" through September of 2009, or longer (depending on passage of certain amendments).  The absence of data indicates that these "experts" are simply jumping in on the politicking to vent their anti-immigrant views and to try to persuade public opinion to favor renewal of the current e-verify, which has been determined to be ineffective and impractical.  The article cites that "pro-immigrant and business groups" call e-verify dangerous and ineffective, but fails to note that e-verify is also determined as such by legitimate research institutions, government agencies (GAO and Inspector General reports, etc.), Congress, and others.   These "experts" provide no methodology to support their contention that of all the jobs created under the stimulus, 300,000 construction jobs would go to "illegal immigrants."  

Funds go to the construction industry because it's among the hardest hit, not because it employs immigrants.  The numbers used by CIS are from 2005, long before - as reported just a few days ago, also by USA Today - the unemployment rate in the construction industry hit 21.4%, causing layoffs among largely Hispanic workers, thus contributing to the now 10.9% unemployment rate among Latinos.  Leaders of labor groups have openly stated that the construction industry is in a "near depression."  According to the White House estimate of the impact of the stimulus, 18.4% of overall job creation would occur in the construction industry, translating to about 678,000 jobs.  CIS believes that half of these jobs would go to undocumented immigrants, but provides no basis for this. Yes, most construction workers are minorities, but CIS leaps to a very fragile connection between minorities and legal status, given that most Hispanics/Latinos in this country are in fact not "illegals."

Moreover, CIS has no credibility.  As we have discussed before, CIS is a recognized hate group.  Second, it has lost credibility because it's always wrong.  It was wrong about everything from the GOP no longer needing Latino voters to its allegations of the "surge" of immigrants that would "flood" into the U.S. after the 2008 Presidential election. Not only are their assumptions flawed, they even contradict each other.  In July 2008, CIS alleged that a "homeward-bound" exodus of immigrants leaving the U.S. was happening, and a few months later, in October, it argued there would be a "surge" of immigrants that would "flood" the U.S. after the elections.  Neither has occurred.  Clearly, their "research" is full of discretionary "data" and assumptions come up as needed, when needed.

Lastly, CIS has said it itself: it is against both legal and illegal immigration.  Data actually suggests that immigrants (both legal and illegal) contribute to state economies, as indicated by IPC research in several states.

This is yet another example of why Congress and the Administration can't be centrists on the issue of immigration.  As long as Comprehensive Immigration Reform is not enacted,  domestic policy and items like the omnibus will continue to get caught in the crossfire and held up over immigration proxy wars and political posturing.  This demonization of our community has to stop.

II. Immigration Policies That Bring Global Shame on the U.S. and Put Us At Risk - Another ember kindling the hatred against Hispanics is a little-known program called "287(g)," named after the section of immigration law that contains it. The 1996 immigration law ("IIRIRA")brought 287(g) into being, authorizing the federal government to enter into agreements with state and local law enforcement agencies to train local officers to perform functions of an immigration officer.  This week GAO presented testimony before Congress once again pointing out concerns about the inefficiency and dangers in this program, in addition to the fact that it is an unfunded mandate.  GAO concluded that the program lacks key internal controls: guidance on how and when to use the program authority is non-existent or inconsistent, there are no guidelines on how ICE officials are to supervise officers in participating agencies, and there are no performance measures to track and evaluate progress toward meeting the program objectives - probably because GAO also found that program objectives have not
been documented in any materials.  These findings are serious, and the investigation also concluded that 287(g) participation has led to documented violations and racial profiling.  Racial profiling, stopping motorists because they "look illegal" can't be accepted in the America that elected Barack Obama as president - a president that speaks about how we are all one, how we are all our brother's keeper.  

More than a "program," I see 287(g) as a symptom of a larger disease; it is an expression of the disease of hate and demonization of Hispanics that has spread across the country. It is telling that 287(g) came into being in 1996, but the first 287(g) agreement didn't come into being until 2002 - that means that for six years we had undocumented migration, but no one felt it necessary to send police after immigrants.  But all that changed after 9/11.  The desire to seek out and scapegoat immigrants for all our ills took hold as the far right, anti-immigrant talk show hosts and narrative flared.  From 2002-2008, we saw the number of 287(g) agreements balloon to 67, in 29 states. 

Although the GAO did not track the amount of resources a state diverts away from fighting actual crime when it decides to shift its energy to acting as immigration police, there are plenty of other reports documenting the increase in the number of criminal investigations that languish unsolved as police decide to instead stake out U.S. residents or citizens of color to make sure they're "legal."  This lack of attention to criminals and particularly to organized crime could not come at a worse time.  We are definitely facing a war against drug traffickers at the border.  And this war is not only the responsibility of the Mexican government, the U.S. must decide to fully engage its resources - DHS, FBI, DOJ - to find and pursue the drug buyers and suppliers in the U.S. - the ones providing Mexican cartels with business.  Therefore, the unintended consequences of 287(g) go far beyond the serious offense of racial profiling, we are putting our communities at risk by irrationally and unjustly changing the priorities of our first responders.  The priority should be to keep our communities safe and pursue criminals. Immigrants do not threaten our lives and our safety, criminals and drug traffickers do. With limited resources, let's keep our eye on the ball.   

For more information, check out an IPC fact sheet on 287(g) partnerships, and a report by Justice Strategies.

III. More on the Economics of Immigration - Scientists fear that the broken immigration system and the troublesome visa system will drive foreign students to other countries.  Business Week reports that some data shows skilled immigrants are actually leaving the U.S. as debate over programs like the H-1B visa intensifies. And a very interesting article in Nashville, TN reminds us of an important lesson: Tennessee has actually used immigration to bolster its economy since the era of Reconstruction.

IV. We Can't Stress the Importance of the 2010 Census enough - The GAO presented assessments of Census methodology at House and Senate hearings last week, and warns that at this moment, the bureau is behind schedule.  Moreover, the accuracy of the 2010 Census remains threatened by computer problems and untested methods the Census Bureau plans to use for conducting the count, according to testimony by Robert Goldenkoff, director of strategic issues for the GAO. And we can't forget that the Congressional Black Caucus has been calling for a very involved President in the development of the Census.  If they work together, the CHC and CBC can carry a great deal of influence on this process to the benefit of minority communities.  

V. The Race for Rahm's Seat - Cook County Commissioner Mike Quigley won the Democratic special primary election to contend for Rahm Emmanuel's seat on April 7.  On immigration, Quigley noted, "I sponsored a measure with Cook County Commissioner Roberto Maldonado to create an immigrant protection ordinance in our Cook County system."  This is another race in which we have a pro-CIR Democratic candidate against an anti-immigrant Republican candidate.  In this case, the Republican is Rosanna Pulido, director of the Illinois Minuteman Project (I know, go figure).  We'll keep a close eye on this one. 

VI. And in case you missed it - the "Top 10 Immigration Issues From 2008."

On February 19, NDN convened a public forum that made the case for why Congress should pass Comprehensive Immigration Reform this year.  Joining NDN 's Simon Rosenberg were  Rick Johnson of Lake Research, Pete Brodnitz of Benenson Strategy Group, Janet Murguia of the National Council of La Raza (NCLR), and Frank Sharry of America's Voice.  

It was a powerful event. For those of you who were unable to watch the video live, or review the compelling package of data and presentations that were part of the event, I encourage you to visit:

"Making the Case for Passing Comprehensive Immigration Reform This Year,"
Simon Rosenberg, NDN, 2/19/09

"Immigration08: National Survey and Swing District Polling on Immigration ," 
Lake Research Partners,11/13/08
Polling sponsored by America's Voice and Immigraiton08 found - yet again - that a large majority of voters broadly support Comprehensive Immigration Reform.  The data here demonstrates how voters understand that common sense solutions that help the economy and fix the broken immigration system are a win-win. 

"Attitudes Towards Immigration Reform in Swing Districts,"
Benenson Strategy Group, Updated: 1/27/09
This polling performed in congressional swing districts found that support of a comprehensive approach to immigration reform both increases a candidate's ballot support and improves the public perception of him or her on key qualities and attributes. It's telling that candidates associated with support for comprehensive reform were perceived more favorably than candidates supporting enforcement-only.

"NDN Statewide Polls on Immigration,"
NDN and Bendixen & Associates, 9/10/2008
Similar to the polling done in swing districts, this poll conducted in four battleground states - CO, NM, NV, and FL- found overwhelming support for comprehensive immigration reform. The data here also shows that while the anti-immigrant minority may be loud, it remains a very small minority, with most voters blaming the U.S. government for the broken immigration system - not the undocumented immigrants. 

Taken together, these presentations and reports are essential reading for anyone working on this issue.

We cannot forget that we also have a moral imperative to pass national immigration reform.  Click here to read more about the perfect storm that is being fostered by the consistent immigration debate at local and state levels, leading to dramatic increases in the number of hate crimes and hate groups.  

I. "Making the Case for Passage of Comprehensive Immigration Reform This Year" - And our message is going global.  NDN, America's Voice, NCLR, and experts from Lake Research Partners and Benenson Strategy Group teamed up last week to articulate the arguments as to why President Barack Obama and Congress need to pass immigration reform legislation (CIR)this year.  Reporters from around the world were able to participate in our event via live webcast, and a prominent Mexican periodical, El Financiero, covered our event.  Click here to check out the speakers' presentations. The full video will be on our blog this Wednesday.

II. The Deportation Era - There was ample news coverage over the week of the report published by the Migration Policy Center, demonstrating that after seeing its budget soar to $218 million last year, the federal program responsible for tracking down and finding "criminal aliens" yielded 72,000 arrests, 73% of which had no criminal record.   The New York Times published an Editorial this weekend on this pervasive inefficiency (and racial overtones) in enforcement:

Of all the noncitizen Latinos sentenced last year, the vast majority - 81 percent - were convicted for unlawfully entering or remaining in the country, neither of which is a criminal offense.  The country is filling the federal courts and prisons with nonviolent offenders. It is diverting immense law-enforcement resources from pursuing serious criminals - violent thugs, financial scammers - to an immense, self-defeating campaign to hunt down ... workers.

III. Speaking of Enforcement Gone Bad - This Times Editorial also mentions the issue of severely overburdened immigration judges.  As it stands, judges simply are not equipped to properly deal with this "immigration crackdown" and inaction with respect to the rest of the broken immigration system, as reported by Jennifer Ludden.

As it stands, racial profiling is apparently encouraged as a part of "enforcement." One law proposed in Montana would apparently encourage average citizens to file claims against employers they "believed" were employing undocumenteds.  Here in the D.C. area - in Baltimore - a group of ICE officers who were behind their "mandated" quotas of arrests thought it would be ok to just scout a 7-11 for Hispanics and call it a day:

New Tools and Bad Enforcement - In case you hadn't seen this, Texas sheriffs have erected a series of surveillance cameras along the Rio Grande and connected them to the Internet so that your average Joe can be a "virtual Deputy." John Burnett reports on NPR:

Thousands of people are now virtual Border Patrol agents - and they're on the lookout for drug smugglers and illegal immigrants..... Robert Fahrenkamp, a truck driver in South Texas, is one of them. After a long haul behind the wheel of a Peterbilt tractor-trailer, he comes home, sets his 6-foot-6-inch, 250-pound frame in front of his computer, pops a Red Bull, turns on some Black Sabbath or Steppenwolf, logs in to www.blueservo.net - and starts protecting his country.   "This gives me a little edge feeling," Fahrenkamp says, "like I'm doing something for law enforcement as well as for our own country."

With hate crimes already rising against Hispanics at record levels, this "program" really does not help bring communities together to solve crime, or anything else.  It is to be expected that this site will invite extremists to participate in virtual man-hunts.  The people logging in are no "border agents," they undergo no background or criminal check, no psychological profile exams, no training. And to top it off, the website provides no detailed or intelligent information.   A typical description of "what to watch for," includes: "During the day watch for subjects on foot carrying large bags. During the night time hours watch for activity involving lights."  This is no description of drug traffickers, it could be a Mexican just coming home from visiting family, or crossing illegally, but let's not hide his program behind the guise of "fighting border crime".  Let's call a spade a spade - this is a case of Texas sheriffs wanting help in keeping the "illegals" out, not criminals.  If the intent were to keep criminal activity away, then we should begin by re-visiting Texas gun laws, the laws that allow guns to flood into Mexico and play a role in all that "border crime." 

The New Political Economy of Immigration - In this interesting piece written by Tom Barry of the Americas Program, Center for International Policy (CIP), he analyzes the political and economic reasons behind the change in the narrative on immigrants and immigration since September 11.  First, by being depicted as more "dangerous," second, by discussing immigration in a vacuum, rather than addressing it as the complex socio-economic issue that it is, there are market forces that have become invigorated due to the immigrant "crackdown," and he argues they have "given rise to an unregulated complex of jails, detention centers, and prisons that create profit from the immigrant crackdown."

IV. Gallup Briefing focuses on Mexico - Click here to review Gallup's latest analysis of escalating violence in Mexico related to the drug trade and public opinion.

V. The Real Economics of Immigration Reform - Workers are workers, are workers.  In case you missed it, check out this piece by Cristina Jimenez, which breaks down the "bottom line" on how the economics of immigration should reframe the debate on the policy in this area.

VI. Obama Continues to Reach out to Hispanics - During this interview with El Piolin, the radio show with the most audience nationally, Obama explained his economic policy to Spanish-speaking listeners, and reiterated his commitment on other fronts, such as immigration reform.

VII. Watch out for the Wolf in Sheep's Clothing - If you look at the Center for Immigration Studies (CIS) "Morning News," it looks pretty harmless, just a series of clips from major newspapers.  Is it intended to throw off those people who don't happen to know that it is a member of the hate network founded by John Tanton?

VIII. Census Offers a Look at the Make-up of the Nation's Immigrants - This New York Times piece by Sam Roberts provides a broad overview of the Census findings released last week.

IX. It's All About Juan - If you've ever wondered why immigration advocates work so tirelessly on this difficult issue, just look at Juan.  No, not a "Juan Perez" a real Juan - Juan is a Georgetown University student who deserves CIR.  Read his story, featured in the Washington Post.

I. Immigration Proxy Wars Continue - Simon's post, featured on the cover of the Huffington Post politics section, discusses the "broken and irrational" immigration system.

This year we have seen how this national failure has infected debates about other vital national priorities. SCHIP was held up. The stimulus was loaded up with a provision to use our broken and dangerous worker verification system that would undoubtedly disrupt the orderly flow of money to the states. And now Judd Gregg withdraws in part over the coming battle over the Census next year, which we know will include an effort by the right to exclude undocumented workers from the every 10-year head count of those living in the United States. Any future legislative initiative at the federal or state level that confers benefits to a population could conceivably invoke a battle over immigrants: will states require schools receiving school construction money from the stimulus to validate that only legal kids are covered with it? Will families who want to weatherize their homes have to prove their legal status? Will kids getting a laptop in a demonstration project have to prove their legitimacy? And of course, moving on universal health care coverage will require the immigration system to be fixed first. Passing comprehensive immigration reform may very well be the key that unlocks progress on a wide variety of other domestic challenges.

II.  Good Signs in the Economic Stimulus - Despite bumps along the road, Congress stripped a potentially disastrous provision mandating E-verify from the final economic stimulus legislation.  After the debate over legal immigrants under SCHIP, the stimulus served as a second example of how these immigration proxy fights don't appeal to the American people.  They demonstrate what NDN has long known - the American people are not against immigrants, they are for smart solutions, and Members of Congress have finally begun to legislate - and to vote - with that in mind.  There is no reward for getting caught up in the anti-immigrant hate mongering.  

 III.  Weighing Your Options - Judd Gregg stepped down as nominee for Secretary of Commerce this week, after minority groups and Members of Congress made public their concern over having Gregg in charge of the Census and the White House took ownership of the Census.  Is Gregg not a team player? Or maybe he just felt like he'd have more fun playing on the Republican Senate team, maybe we'll never know.  The bottom line is that 21st Century America will continue to reject the anachronistic policies and politics of the old, racially charged, Southern Strategy.  The responsibility of the 2010 Census is a grave one - it is imperative that short-comings of the past are dealt with so that all communities, regardless of color, race, ethnicity, and economic status are counted.  Seats will be re-apportioned nationally in just a few years, based on 2010 Census data.  This could mean the gain of one or two seats in states with increasingly young and immigrant populations, like Nevada, Texas, Colorado, New Mexico, etc.  As the country becomes more Southern and Western, these states might see a major shift in their role on the national political stage. 

IV. Immigration News In Our Own Backyard - Coming soon in Montgomery County, a new policy will call for county police to begin reaching out to federal immigration authorities and provide the names of all suspects they arrest for violent crimes and handgun violations, an approach that reflects growing concerns about illegal immigration and crime but stops short of the broader enforcement efforts used in some counties. 

In Prince William County, VA, small-business owners are calling on Prince William County (PWC) lawmakers to rescind a controversial immigration measure that has required company owners to prove they are living in the country legally.  And one of the most combative and virulently anti-immigrant men in the country, Prince William County Supervisor Corey A. Stewart, is now softening his tone against immigrants as PWC falls into a steeper recession, largely due to the immigrant business owners and workers that have fled thanks to the 287(g) attack spearheaded by Stewart.  The article reports Stewart is put in his place by Chief of Police Deane, and as the PWC economy collapses, it's telling that the blame is no longer on "immigrants."  As Stewart shifts his message, he tacitly accepts that immigrants contribute to where they live, as opposed to being "burdens" on society: 

"Politicians are guided by the political climate and issues that will give them the most currency," she said.  Although illegal immigration dominated Prince William's budget and policy discussions last year, Stewart is now concentrating on balancing the budget through cuts....Jenkins acknowledges that Stewart has changed but said he thinks Stewart had little choice.  "Corey was so badly damaged politically because of his actions on immigration," Jenkins said. "He is trying to put that tarnished image away and show leadership. That probably forms the basis of his actions in reshaping his image."

I.  We begin with the good news from this week - The President signs a children's health bill into law that provides for legal immigrant children.  Even though the recent debate over funding health insurance for children was contaminated by fears that "illegal immigrants" would sign up for the program, the bill still passed Congress and was signed into law this week.  It is a very encouraging sign that Members of Congress could see past the politics and recognize that this bill - and the provision that was for granting legal immigrant children care - was the best policy.  Congress and the American people showed how they are now ready to rise above the insults and demagoguery to enact smart policy.  The accusations rang hollow - that the bill would encourage more people to come to the United States to "get on the government dole," or that there was "no verification system to speak of ... in the bill," as stated by Lisa Sylvester on CNN's "Lou Dobbs Tonight," while the phrase "illegal alien bailout" flashed on the screen - all this was kicked to the curb because policy makers knew better.  They knew the truth, and demonstrated a desire to focus on solving problems as opposed to hating immigrants.  Donna Cohen Ross, director of outreach at the Washington-based Center on Budget and Policy Priorities, said she was not surprised by the Lou Dobbs rhetoric.  Still, after studying the House bill's language, she concluded that there was "nothing about the rules that would allow illegal immigrants to use the program."

But the fight is not over, as Simon has stated, "The immigration system is broken and there are a lot of people who live in this country who are not legal citizens,....So the issue of whether benefits are conferred upon them will come up again and again."  Hence the urgency to pass comprehensive immigration reform as a way to stop having domestic policy held up by immigration proxy fights. 

II. Mixed Messages - The debate in D.C. is focused around the economic stimulus package this week.  And while everyone says they care about helping businesses and helping "everyday working Americans," the "economic recovery" plans laid out by Congress are full of mixed messages - I won't delve into NDN's perspective on these issues individually at this time, I'm only pointing out key items that - to me - seem a bit contradictory: 

1.  On the one hand, the Senate kind of backed off the original "Buy America" provisions, diluting them after public outcry.  And yet, after diluting buy America, Senators turned around and came out against increasing H1-B - foreign - workers. 

2.  "He giveth and he taketh away" - A week after the Federal government decided to delay mandatory implementation of the E-Verify system for government contractors, the economic stimulus package could mandate that all recipients use this ineffective system.  Let me get this straight - you have companies that are struggling to the point they need government aid, and somewhere, someone believes it's a good idea to then turn around and impose an additional requirement on them that will potentially dilute any benefit conferred by the stimulus.  Mandating e-verify could require businesses to hire additional Human Resources personnel to become trained in and handle the e-verify checks.  Additionally, it will cause a delay for businesses in receiving the stimulus because most do not currently use e-verify, which means they can't get stimulus until they are trained and registered on the system.  Businesses will have to deal with DHS and SSA on a regular basis, and many workers will potentially lose their jobs as their data is run through e-verify, many unjustifiably.  At this time, all energy and money should be going to helping business get on its feet, and that should be the ONLY goal at this time, not to impose a bureaucratic process that does not even fulfill its intended role.  By all means, we support a functional system that could provide certainty to employers making hiring decisions, but that is not the current e-verify.  Let's worry only about stimulus at this point, then revisit E-verify as one part of a bill to enact comprehensive reforms to the entire broken immigration system.  

And lest we forget - the E-verify database does not contain immigration information, it was created by SSA to verify benefits with W-2s, it was never intended to serve as a system to check legal status.  As reported by the House Committee on Small Business, implementing this now will only hurt businesses - small businesses above all, who already suffer inflation, poor sales, and job loss.  

Finally, I have a test case that demonstrates what happens to business when you mandate the current - flawed - e-verify system: the State of Arizona.  IPC has data about this case, and NILC and CATO have written about it as well.  As Rep. Gabrielle Giffords testified during a committee hearing:

I believe that the Arizona experience should inform the ongoing debate about employment verification and whether the current E-Verify program administered through DHS should be extended and/or mandated Nationwide. 
Some of the businesses that have signed up have reported a variety of challenges and problems using E-Verify. They are finding it complicated, unreliable, and burdensome. They are having great difficulty getting answers from DHS to their problems about the system.  I have heard from employers, employees, and privacy rights advocates who are very vocal that nationally mandating E-Verify as it is would be potentially disastrous for our Nation. They are all experiencing the downfalls of using an inaccurate database with inadequate privacy protections.  Between October of 2006 and March 2007, roughly 3,000 foreign-born U.S. citizens were initially flagged as not work-authorized.  These errors have specifically impacted Arizona workers who have their ability to work wrongfully impacted. The experience of Arizona employers and employees makes it clear that we can do better and that action is needed.

III. Money = Policy.  A great piece by Nina Bernstein of the New York Times this week continued exposing details of how Immigration and Customs Enforcement (ICE) actually strayed away from its mission to protect us for the sake of meeting ridiculous "quotas" of arrests, originally reported in California last week.  Under President Bush, Immigration raids garnered bigger increases in money and staff from Congress than any other program run by ICE even as complaints grew that teams of armed agents were entering homes indiscriminately.  Raids on private homes around the country were billed as carefully planned hunts for dangerous immigrant fugitives, and given "catchy" names like Operation Return to Sender.  Federal immigration officials had repeatedly told Congress that among more than half a million immigrants with outstanding deportation orders, they would concentrate on rounding up the most threatening - criminals and terrorism suspects.

Instead, newly available documents show, the agency changed the rules, and the program increasingly went after easier targets. A vast majority of those arrested had no criminal record, and many had no deportation orders against them, either. Internal directives by immigration officials in 2006 raised arrest quotas for each team in the National Fugitive Operations Program, eliminated a requirement that 75 percent of those arrested be criminals, and then allowed the teams to include nonfugitives in their count.  In the next year, fugitives with criminal records dropped to 9 percent of those arrested, and nonfugitives picked up by chance - without a deportation order - rose to 40 percent. Many were sent to detention centers far from their homes, and deported.

What exactly was Congress expecting when it funded this particular program the most, and then did not partner that funding with oversight?  Money is policy, and if you put your dollars into making arrests, it's not exactly a shock when the recipient of the money focuses on making arrests - without regard for the type of arrest.  This is an example of why it's so important for advocates and for members of our community to look at where the dollars are going, and to shape where funding goes because that will necessarily dictate policy priorities. 

Now, as the Obama administration vows to re-engineer immigration policy to target criminals, we certainly hope they reverse these "internal directives," participate in oversight, and work with Congress so that relevant committees also understand their role in funding certain programs, and then continuing oversight after they decide to appropriate funds.  It will be interesting to see the role Janet Napolitano decides to play in all this - now that she has left Arizona politics behind, Ms. Napolitano is free to prove this is not Arpaio's America, where the mob rules and immigrants are subject to ritual attack and humiliation.

IV. Where is the Outrage? Speaking of ritual humiliation, even though 21st Century America is nothing like Sheriff Arpaio's America, this man refuses to let down.  This "Sheriff" from Maricopa County, AZ paraded more than 200 men and women in shackles and prison stripes, marched under armed guard past a gantlet of TV cameras to a tent prison encircled by an electric fence. They were inmates being sent to await deportation in a new immigrant detention camp minutes from the center of America's fifth-largest city.  Two things are troubling:  1) this has not been recognized as a NATIONAL civil rights issue by the media, most activists, and elected officials.  How can a man - particularly in the position of Sheriff - allowed to parade people like cattle, dehumanizing and humiliating them while they are in a legal proceeding.  We forget - MOST awaiting deportation are not criminals.  Where is our community's outrage at this man, and the outrage of the entire country, that people are paraded in such fashion in the United States of America?
And 2) Arpaio's tactics are even more infuriating given that his office's budget has nearly doubled since 2001. In the meantime, criminals have the run of Maricopa County. As reported by the Goldwater Institute and the East Valley Tribune, the sheriff has 40,000 outstanding felony warrants in his jurisdiction and 2,700 lawsuits filed against him.  So the money is going to pulling stunts as opposed to doing his job.  If he wants celebrity, let him step down. The duty of Sheriff is to keep people safe.  With crime rising, and being in a state that is largely involved in the drug trafficking fight, he should be more concerned with organized crime and fighting real criminals, as opposed to humiliating members of the community.  I share NCLR's call to action against him: 

Arpaio's newest scandal will by no means improve the safety of his community but no doubt get him more publicity. The images that this march will provoke are shocking: horrific shots of people chained, marching through public streets at lunchtime. Perhaps it's a ploy to increase the ratings of Sheriff Joe's new reality show, which is in its seventh week. Are you tired of his antics yet?  Here's what you can do:

1. Request that the Department of Justice investigate Arpaio's abuses.
2. Forward this email to all of your family and friends, post it on Facebook, and circulate it as far and wide as you can. Send a clear message to Arpaio and his thugs that we will not stand for these kinds of abuses in our nation.

Arizona Republic: Arpaio to Move Illegal-immigrant Inmates
Hundreds to be relocated to segregated area of Tent City; sheriff says plan will cut costs
February 4, 2009
By JJ Hensley and Yvonne Wingett

http://www.azcentral.com/news/articles/2009/02/04/20090204arpaiojail0204.html

Sheriff Arpaio Chains Together Immigrants and Forces
March
February 4, 2009
By Dan Weiss
http://imagine2050.newcomm.org/2009/02/04/sheriff-arpaio-chains-together-immigrants-and-forces-march

Stop Arizona. Stop Arpaio. Stop the Circus.
February 4, 2009
By Rev. David L.
Ostendorf
http://imagine2050.newcomm.org/2009/02/04/stop-arizona-stop-arpaio-stop-the-circus/

"Chain gang?" He should be worried about real gangs. So that you can see the "chain gang" for yourself:

Streak of Racialist Extremism Exposed - New York Times (NYT) editorial this weekend on how the "relentlessly harsh Republican campaign against immigrants has always hidden a streak of racialist extremism. Now after several high-water years, the Republican tide has gone out, leaving exposed the nativism of fringe right-wingers clinging to what they hope will be a wedge issue."  The editorial alludes to last week's visit by the American Cause to the National Press Club in Washington. The group, seeking to speak for the future of the Republican Party, declared that its November defeats in Congressional races stemmed not from having been too hard of foreigners, but too soft.  The NYT points out several key points that have been repeated in NDN analysis throughout the years:

This is nonsense, of course. For years Americans have
rejected the cruelty of enforcement-only regimes and Latino-bashing, in opinion surveys and at the polls. In House and Senate races in 2008 and 2006, "anti-amnesty" hard-liners consistently lost to candidates who proposed comprehensive reform solutions. The wedge did not work for single-issue xenophobes like Lou Barletta, the mayor of Hazleton, Pa., or the former Arizona Congressman J. D. Hayworth. Nor did it help any of the Republican presidential candidates....Americans want immigration solved, and they realize that mass deportations will not do that. When you add the unprecedented engagement of growing numbers of Latino voters in 2008, it becomes clear that the nativist path is the path to permanent political irrelevance. Unless you can find a way to get rid of all the Latinos.

The Editorial also alludes to two illustrative quotes by Bill O'Reilly, "for another YouTube taste of the Fox News host assailing the immigration views of "the far left" (including The Times) as racially traitorous."

On that note, you might want to review the NDN Backgrounder: State of the Modern GOP and the Conservative Movement

Amidst Having No Identity and No Agenda, the GOP Attacks Immigrants Again in Economic
Stimulus Debate

NDN BackgrounderImmigration Reform and the Growing Power of the Hispanic Vote

The Utter Bankruptcy of Today's Republican Party

Chip Saltsman's Other Song - The Star Spanglish Banner - After all the attention received by the Republican mailing of the parody song "Barack the Magic Negro" by Chip Saltsman, last week NDN highlighted "The Star Spanglish Banner," a "puerile bit of Latino-baiting" on the same notorious CD.  That same afternoon Mr. Saltsman withdrew his name from the race for RNC Chair.

The election for RNC Chair was finally won by Michael Steele.  Many see this as a "first step" by the
Republican party to change direction, but when we read Mr. Steele's position on immigration, it is clear that the GOP just doesn't understand how to fix the broken immigration system, and they have no plan.

According to this article, and to the New York Times,incoming Senator Gillibrand "Hints at a Change of Mind on Immigration."

University of Virginia law professor David Martin is joining the Department of
Homeland Security as a principal deputy general counsel.

Confidential taxpayer information might be at risk in Weld County, CO due to warrantless immigration searches being conducted by the Sheriff's office.

Postponing E-verify - The federal government has agreed to postpone implementing the E-Verify regulation for federal contractors until May 21, 2009 at the earliest, a business group said today.  Federal officials agreed to a request by the U.S. Chamber of Commerce to postpone enforcement of the regulation so that the rule can be reviewed by the Barack Obama administration, the organization said in a news release.  It is the second time the federal government has pushed back the deadline. Under the new agreement, federal contractors will
not need to comply with E-Verify until May 21.

Layoffs mean more than lost wages for H-1B visa holders

Obama Must Embrace Immigrants to Reform Economy 

This image was the headline on the Huffington Post website, until our post on "The Star Spanglish Banner" took its place for most of the day, and it goes very well with a piece in the Washington Post today by  Manuel Roig-Franzia.  As Republicans have a national meeting this week, they search for their misshapen identity.  In the meantime, since they have nothing else to propose and know nothing other than the exploitation of racial fear and hate, they decided to issue a statement claiming that the stimulus bill would help undocumented immigrants:

The $800 billion-plus economic stimulus measure making its way through Congress could steer government checks to illegal immigrants......The legislation, which would send tax credits of $500 per worker and $1,000 per couple, expressly disqualifies nonresident aliens, but it would allow people who do not have Social Security numbers to be eligible for the checks.

What this statement does not say, is that the stimulus steers checks to TAXPAYERS, it's not aimed at "illegal immigrants." In fact, the measure indicates that Social Security numbers are needed to claim tax credits of $500 per worker and $1,000 per couple. It also expressly disqualifies nonresident aliens.  Senate Majority Leader Harry Reid clarified, "This legislation is directed toward people who are legal in our country.  It is about time the Republicans got a different piece of reading material and get off this illegal immigrant stuff." said Sen. Reid, D-Nev. "This bill has nothing to do with anything illegal as far as immigration. It creates jobs for people who are lawfully in this country."  Not just U.S. citizens pay taxes - many legal immigrants under Temporary Protected Status or other programs file taxes, purchase homes, and get credit, so they would be eligible for a return.

Instead of trying to create a new "boogieman", the GOP should be thinking about how to be more inclusive - and inclusive does not mean having one member of one minority in a prominent position in your Party.  Some Members of Congress still - for reasons that I will probably never understand - think it is somehow out of line to repudiate racist/divisive attacks like Rush Limbaugh's.  At least Phil Gingrey took one step in the right direction by not shying away from repudiating some of the latest offensive attacks, namely by Limbaugh against our President:

"I think that our leadership, Mitch McConnell and John Boehner, are taking the right approach," Gingrey said. "I mean, it's easy if you're Sean Hannity or Rush Limbaugh or even sometimes Newt Gingrich to stand back and throw bricks. You don't have to try to do what's best for your people and your party. You know you're just on these talk shows and you're living well and plus you stir up a bit of controversy and gin the base and that sort of that thing. But when it comes to true leadership, not that these people couldn't be or wouldn't be good leaders, they're not in that position..."

Lastly, and more importantly, aside from whatever Republicans do or don't do, this statement tying the immigration debate into the stimulus debate exemplifies a greater trend that Simon and NDN have predicted will occur with the entire domestic agenda until immigration reform is passed:

"That the debate.....has immediately become a debate about immigration should be a clear warning to the Administration and Congress that progress on many important domestic priorities this year may get caught up in the debate on how to best fix our broken immigration system. It is our belief that rather than having a series of tough and contentious proxy fights [with Republicans and with Democrats] on immigration, our leaders should recognize that passing comprehensive immigration reform this year will not only help fix our badly broken immigration system - a priority of many Americans - but may also be the key to unlocking bipartisan progress on a whole range of other domestic and security related issues." 

With debate over the recent vote in Congress on the State Children's Health Insurance Program (SCHIP) largely turning into a debate on immigration, we present much of NDN's key work on comprehensive immigration reform, the changing demographic realities of 21st century America and Hispanic electoral trends.

• The Star Spanglish Banner, Melissa Merz, January 29, 2009
• Weekly Immigration Update, and Outlook for 2009, Zuraya Tapia, January 2009
• Immigration Remains Top Priority for Hispanics, Evidence of Bipartisan Support, Zuraya Tapia, January 26, 2009
• What Race Means in America Is Changing, Simon Rosenberg, January 19, 2009
• Congress, SCHIP, and Immigration Reform, Simon Rosenberg, January 13, 2009
• The GOP and Magic Negros, Simon Rosenberg, December 30, 2008
• A New Coalition and a New Map, NDN Event, December 12, 2008
• The Economy and Immigration, DHS Targets "Engine of Our Economy", The Economy and Immigration Reform, 2008-2009
• What World Does the Republican Party Live In?,  Zuraya Tapia, December 12, 2008
• An Updated Analysis of the Hispanic Vote, 2008, Andres Ramirez, November 15, 2008
• New NDN Polls Find Overwhelming Public Support for Comprehensive Immigration Reform in Key Battleground States, September 10, 2008
• Words Have Consequences, Zuraya Tapia, August 7, 2008 and November 20, 2008
• Hispanics Rising II, May 30, 2008
• The 50-Year Strategy, Simon Rosenberg and Peter Leyden, Mother Jones, Winter 2007
• 1%, 62% and the Failure of Tancredoism,Simon Rosenberg, December 20, 2007
• Can Democrats Seize the Opportunity The Immigration Debate Offers Them, Simon Rosenberg, December 11, 2007
• Immigration, Once Again, Despite Huge GOP Investments, Does Not Perform for the GOP, Simon Rosenberg, November 7, 2007

Below you'll find a summary of our articles related to immigration this week.   

Immigration Remains Top Priority For Hispanics, Evidence of Bipartisan Support for Reform on Al Punto yesterday.

Why DHS Fees are So Unjust - GAO Study Finds DHS Did Not Adhere to Federal Accounting Standards and Principles.

Simon Discusses How the Meaning of Race in America is Changing

NDN and Twelve-hundred other groups delivered a letter to the Obama Administration outlining priorities in order to fix the broken immigration system - The letter stresses the urgency with which the new Administration should approach immigration reform legislatively and administratively, noting that efforts to address the many ills facing our immigration system have become the victim of gridlock in Washington for too long.

Hispanics and Immigration Reform Must be a Part of the Economic Agenda - A recent study on minorities and the economic crisis shows: 1) Hispanics are currently suffering a percent of unemployment much higher than that of their white counterparts, 9.2% in January, up from 8.9% unemployment in December 2008.  2) Even during a period of employment gains enjoyed by Hispanics from 2001-2007, poverty increased among Hispanics over the same period, which only highlights the low wages at which Hispanics tend to work. 3) Personal and family income has steadily declined for Hispanics.  4) Large disparities in health insurance coverage also persist.  In 2007, 32.1% of Hispanics lacked health insurance coverage, compared to 10.4% of whites.  5) Additionally, Hispanic home ownership rate was only 49.7% for Hispanics in 2007, compared to 75.2% for whites. 

NDN Participates in Pre-inaugural Day Events - Simon and Andres addressed approximately 100 Latino organizers, community leaders, and individuals interested in increasing the civic participation of Latinos from approximately 20 different states.  Subsequently, Simon spoke at the "Latino State of the Union" conference, where he highlighted the importance of immigration reform as an essential part of any plan for economic recovery, "As long as the trap door of undocumented immigration remains, with 5% of the American workforce outside of the protection of U.S. law and U.S. minimum wage, we will not be able to achieve economic recovery." 

NDN Praises U.S. Sen. Jay Rockefeller for offering amendment to help legal immigrant children. 

A Race to the Bottom, A Broken Immigration System Has a Social and Economic Cost, too - According to a report just released by the Migration Policy institute, although the U.S. economy's nosedive has probably contributed to a drop in the number of undocumented immigrants coming into the United States, those already here will be less inclined to return home due to the manifestation of the economic crisis in the U.S. and abroad.

Victory for Nashville - It's always good to hear good news on the immigration front - Props to all those Nashville, TN voters and organizers who voted down an "English-only" amendment.