Weekly Immigration Update

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

Yesterday, Al Punto, the Sunday morning political show on Univision - the network with the largest Hispanic viewership in the U.S. - featured the issue of immigration once again, as it does each week in one way or another.  Immigration features prominently on the Spanish-language newscast each evening, and during Al Punto's interviews every Sunday because it is an issue that remains a top concern for Latinos, and to Americans in general.  

Yesterday's show highlighted the bipartisan support that can be drawn on the issue of immigration.  The first segment consisted of an interview with U.S. Rep. Loretta Sanchez and U.S. Rep. Ileana Ros-Lehtinen to discuss their opinion of President Barack Obama's agenda coming into office.  Rep. Sanchez quickly named immigration reform as one of the top three issues she believes President Obama should move on first (along with the economy and the war in Iraq).  She mentioned that she has already spoken with White House staff to discuss how to move on immigration this year, and reiterated her belief that immigration reform is imperative in order to help the economy and secure our borders.  For her part, Rep. Ros-Lehtinen was more skeptical about reform passing this year, although she recognized that President Obama is in a great position to launch reform because "the American people are on his side" - polling data has consistently shown that the American people want a solution to the broken immigration system - and that the popularity enjoyed by President Obama would certainly help efforts to pass comprehensive immigration reform.  It's noteworthy that Rep. Ros-Lehtinen stated that while she might not agree on many issues with President Obama, she is on his side when it comes to immigration reform and would work with Rep. Sanchez and others in order to pass comprehensive immigration reform. 

The show's third segment consisted of an interview with U.S. Senate Majority Leader, Sen. Harry Reid.  Jorge Ramos began the interview by asking, "Barack Obama promised the Latino community that he would move comprehensive immigration reform within his first year, is there the political will to do this in the first year?"  The questions denote the sense of urgency for reform felt among Latinos.  Reid pointed out that in addition to addressing interior and exterior enforcement, future flow, path to citizenship, etc., any bill for comprehensive (CIR) would also include the Dream Act.  This is great news, but Jorge Ramos pressed on, "As you know, this is very important for the Hispanic community; when will CIR pass?"  Sen. Reid answered, "I hope that we can get it done in September, and I feel confident that we can get this done.  I've spoken with John McCain," and "Sen. McCain has reiterated his commitment to providing Republican support," for the legislation.  It's interesting that Sen. Reid noted, "Now we're 59 Democrats, and we need 60 votes," alluding to the new political landscape in the Senate, a landscape that requires less Republican votes for the bill than was required when legislation for immigration reform was presented in 2007.  Now if we can only make sure all Democrats share the President's view and the Democratic platform for immigration reform.....Ramos ended the interview by thanking Sen. Reid and reiterating, "And we'll be checking in with you on the progress of immigration reform." 

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

We knew there was something very wrong with the new fee schedule released in Summer of 2007, now GAO explains why these fees, in fact, have no basis.   

In February 2007, the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS) completed a study to determine the full costs of its operations and the level at which application fees should be set to recover those costs.  Based on its analysis, in June 2007 USCIS's new fee schedule increased the cost of some applications by over 300%!  For e.g., the cost of applying for Legal Permanent Resident status went from around $300 to $675 ($595 plus an $80 biometric fee) - and that does not include the cost of hiring a lawyer to assist throughout the application process, which most immigrants can't afford (and people wonder why immigrants fall out of status).  The cost of applying for citizenship went from around $192 plus a few additional fees, to $460, plus additional exams and fees.

This GAO report, released today, to investigate USCIS fee review found that the costing methodology USCIS used to develop the fees for each application type did not consistently adhere to federal accounting standards and principles and other guidance (surprise surprise).  The GAO reports:

While federal accounting standards allow flexibility for agencies to develop managerial cost accounting practices that are suited to their needs, they also provide certain specific guidance based on sound accounting concepts. USCIS's methodology was not consistent with federal accounting standards and principles and other guidance in the following aspects: (1) costs paid by other federal entities on behalf of USCIS were not included in its estimates of costs, (2) key assumptions and methods used for allocation of costs to activities and types of applications were not sufficiently justified, (3) assumptions about staff time spent on various activities were not supported by documented rationale or analysis, (4) the cost of premium processing services was not determined, and (5) documentation of the processes and procedures was not sufficient to ensure consistent and accurate implementation of the methodology.

USCIS charges fees for processing the millions of immigration applications it receives each year, and intends to fund the cost of processing and adjudicating them directly through fees paid by applicants.  We hope the Obama Administration reviews this GAO data closely, and that under Secretary Napolitano, one of the first actions taken by this administration is to return fees to a schedule that is affordable and stops serving as an obstacle for people to renew or adjust their legal status.

NDN and other Groups Deliver Letter to the Obama Administration Outlining Priorities to Fix the Broken Immigration System

Over Twelve-Hundred Groups Sign Letter to New Administration

Over 1,200 advocacy and non-profit organizations, including NDN, 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.

"Over the last eight years, immigrants and their families, employers and workers alike, have suffered from our nation's inability to find common ground on the issue of immigration reform," states the letter, which was signed by groups in 39 states plus Puerto Rico and the District of Columbia.

Noting the President's background and the new era his presidency signals, the letter says, "As the son of a Kenyan national and a woman from Kansas, you validate the American dream and we believe that your victory represents a triumph for tolerance and hope."

While we hope the Administration acts swiftly to address the most egregious problems with the enforcement practices and last minute regulatory changes of the previous Administration, there is only so much President Obama and his team can do on their own.

"While President Obama can address some matters administratively, ultimately the President must propose and the Congress must enact meaningful, broad immigration reform to bring order to the current chaos," said Ali Noorani, Executive Director of the National Immigration Forum. "Reform that is fair, respects the rights of immigrants and non-immigrants, strengthens our economy, reduces the black market, and gets immigrants and employers playing by one set of enforceable rules should be the goal.  We know what needs to be done, now we have to summon the political will and focus the President's political muscle on making it happen."

"The urgency for reform cannot be overstated," the letter says.  "Unless and until we recalibrate our policies, all Americans' rights will be at risk, our communities will be divided and the power of our nation's fundamental principle of E Pluribus Unum compromised."

The letter, delivered late last week to the President's transition team, is part of a broad effort to bring together immigrants, advocacy and civil rights organizations, faith leaders, employers, trade associations, and labor unions in an effort to enact immigration reform as quickly as possible.

"In the 2008 elections, immigrant voters and their families turned out across the nation in unprecedented numbers. They were inspired by your message, including your commitment to a comprehensive reform of our nation's immigration system. The reform challenge is formidable, but so is our resolve," the letter states.

For the full text of the letter and list of signatory organizations, click here.

A Race To the Bottom - A Broken Immigration System Has a Social 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. The study does not focus on how border enforcement has deterred immigrants from returning home. 

In a great piece in the Post today by N.C. Aizenman, co-author, Demetrios G. Papademetriou explains,"The immigration system of the United States makes people wait in line for years to get their visa...so, by the time it becomes available for a family member or a valued employee...They don't want to return to the back of the line." The current broken immigration system exacerbates the economic crisis because -as explained in the report - the more likely and worrisome potential effect of the recession on undocumented immigrants is that it will drive them to accept ever-lower-paying jobs under ever-worsening conditions.  This is why it's so imperative that our legislators realize that immigration reform can be a tool to help fix the economy - the economy and immigration are inextricably linked, I hope Members realize they must stop seeing these two issues as separate and unrelated.  For those who argue, "how are we going to pass immigration during an economic crisis? How are we going to let in those immigrants?" I say: you think we have an unemployment NOW?...I refer you to the report's author: 

"We have to be careful about what people desperate for a job may do," Papademetriou said. "This begins to affect the labor standards and wages of not just the immigrants, but the people who work with them". This has very important social and economic consequences for the country. . . . If we're not careful, we could have situations that are unanticipated and that we haven't seen in this country for a while."

Abroad, the International Monetary Fund estimates that economic growth in Mexico will decline from 4.9% in 2006 to 1.8% in 2009 - we've already started to see the dramatic devaluation of the peso - which further reduces the incentive of undocumented immigrants to return home.  Let's pass comprehensive immigration reform and stem this race to the bottom.

Weekly Update on Immigration: It's the Economy Stupid! Will Dems Seize Opportunities? Is White Uncool? WSJ Promotes the Hate

In Politics:
One reason why the economic recovery plan matters to  immigration reform - 
There's been much written debate in major publications about whether the economic recovery plan is causing tension between Congress and the incoming Obama administration.  With Obama not even in office yet, a major concern of mine: if the alleged tension is true, I hope this doesn't cause major rifts that could damage discussions for an overhaul of the current - broken - immigration system.

Another Example of the Broken Immigration System - Even Tim Geithner's cleaning lady couldn't keep her status in check.  Again, we need to fix the current broken system that is so impossible to manage, which is why people fall out of status.  And as for Mr. Geithner's appointment - this guy is going to have to help solve the worst economic crisis since the Great Depression...this whole cleaning lady controversy - let's keep our eye on the ball, people.

Debate in Congress this week - The House is set to vote on legislation to reauthorize the State Children's Health Insurance Program (SCHIP) this week, and the Senate Finance Committee will also take up companion legislation.  This bill includes provisions that would eliminate the existing five year waiting period LEGAL immigrant children must endure before qualifying for coverage.  We agree this requirement only threatens the well-being of already eligible children, but this debate has equally important political implications.  I know many thought SCHIP could serve as a "mini victory" before going for the "big enchilada," comprehensive immigration reform, but I disagree.  Time and time again, this Congress will try to take action on major domestic policy issues, and time and time again the issue of how these programs deal with the undocumented will come up (even though this bill deals only with legal immigrants), so the best way for Democrats to tackle this challenge is to clear the table - fix the root of the debate, a broken immigration system, and then we can actually make progress on the rest.  Most of the constituency that both Dems and Reps now admit they need to win elections - Latinos and immigrant communities - are unfortunately not monitoring the SCHIP debate, they want to be able to stop having to walk around with their passports in hand for fear of being stopped for no reason other than their appearance.  That is the reality we live in.  This tone will change to a great extent if Democrats seize the opportunity CIR affords them.

Everyone expects Republicans to try to bring up the old anti-immigrant mongering, but right now the Hill is actually buzzing due to Democrats that oppose eliminating this waiting period.  By going for SCHIP first, if it fails, Democrats have put themselves in a position that makes them seem divided (see Sen. Baucus), opened the door for more immigrant hate-mongering, they have taken up their time "preempting" potential Republican attacks on the bill instead of leading the debate and dictating a new agenda, and lost political capital and energy that is going to be needed if CIR legislation is introduced.  And if the bill passes, they have still invested political capital that will be needed for CIR, and if Republicans actually "get it" and shift their tone to an immigrant-friendly one, then that opens the door for Republicans to start making their way back among Latinos and immigrants - while certain Dems oppose this bill.  Until CIR passes, there will continue to be bickering over immigrants and "illegals" on every single policy issue that hits the floor.  And even if SCHIP passes, state and local governments are still left with the unfunded mandate of having to act as immigration agents, which will not stop until we have fixed our broken immigration system.  

It's the economy stupid - The San Antonio Express had a piece by Hernan Rozemberg this week on why immigration reform is on the "back burner."  The article accurately posits that anti-immigrant forces will argue that, "hard economic times" will impede making reform politically feasible.  We argue that the broken immigration system exacerbates economic problems because - as stated by Rep. Hilda Solis - it affects all workers, not just immigrants.

The economic crisis will not be solved in two months, or in one year.  And in one year, when legislators have to go back to their districts to campaign - what are they going to campaign on exactly? What major achievement? It's not likely that a tangible result like peace in the middle east, or a complete economic turnaround, or a major overhaul of the education system will be achieved in a year, but fixing the broken immigration system can happen in one year.  It is a major issue, recognized by the general public as a "problem" that needs fixing.  SHCIP, Equal Pay...these are all necessary and worthy achievements, but they are not recognized by voters as one of the top five major issues on their mind.

The piece also states, "Other leading national immigrant advocates said in the past week they'll wait patiently while Obama takes care of the economic mess, but they're not willing to let the crisis push the issue aside," which worries me.  Again, those of us for CIR should be advocating that immigration reform is one tool to begin to solve the major economic mess! This issue cannot wait until the economy turns around in two or five years.

Rozemberg adequately points out that the anti-immigrant voices will echo Roy Beck - a prominent member of the white supremacist hate network as reported by SPLC - shifting their focus away from the "illegal" argument (because they now see that Americans don't blame the immigrants), to "protecting American workers from competing for jobs with unauthorized immigrants."  And we have to preempt this strategy.  Our mistake in 2007 was responding to these PR stunts as opposed to anticipating them.  The truth is: 

- 12 million people are currently working outside the system - these people contribute to all our lives and the lives of all Americans will benefit from bringing them out of the shadows.
- The undocumented who are already here do not compete for American jobs, those who are employed work because they take jobs Americans will not fill, for wages Americans would not accept, outside of U.S. labor laws.  The economic crisis has also created many illegal immigrants - many have come into the country legally, and in hard economic times have lost their job or work less hours and thus cannot afford the ridiculous fees charged by USCIS to renew or change their status.  

- Whoever argues, "temporary worker programs or visa programs would only have more immigrants in the U.S. competing for U.S. jobs," completely misses the problem.  The reality is that: 1) visa programs are limited, but the current limits are unrealistic and do not meet business demands (hence 12 million undocumented).  Whether we take action to accept legal immigrants or not, they will come, let's accept that.  The question is: do we want them coming in legally, or illegally?  2) In hard economic times businesses might be particularly predisposed to hire workers who will work for less, and have no rights.  Let's work out a system that is amenable to American workers and helps meet labor demands in specific areas - the reason we have a broken system to begin with is that we are never forward looking, we've always tried to fashion a law that meets our "ideal" as opposed to meeting reality, which is why the 1986 and 1996 laws have not worked. 

Roy Beck said Obama would, "commit political suicide" if he tried to legalize millions of unauthorized workers with so many Americans out of work - that's also what everyone (including Democrats) said after he came out in favor of drivers licenses for the undocumented in the 2008 Primaries, remember? The bottom line is: the American people want Congress to solve problems.  And the broken immigration system is a problem. 

President-elect Obama met with President of Mexico, Felipe Calderon. Click here to see NDN's statement on yesterday's visit.  The statement released by Obama spokesman, Robert Gibbs:

"President-elect Obama underscored his commitment to working with Congress to fix the broken U.S. immigration system and fostering safe, legal and orderly migration.  He expressed his strongly held view that immigrants should be treated with dignity and that the immigration debate should not be a vehicle for vilifying any group, and that our two countries need to work more effectively to stop the flow of illegal immigration into the United States." 

Mexico Human Rights Comission Speaks Out Again - This time, the CNDH (initials in Spanish) spoke out against the border fence during a tour of the border, explaining that a fence does not deter immigration, and criticized Mukasey's recent decision to strip immigrants of any semblance of due process during immigration proceedings (see below). 

Still No Commerce Secretary - There are many rumors regarding potential appointees - I think the thought of Federico Pena as Secretary of Commerce sounds excellent.  Not only does Secretary Pena - member of NDN's Hispanic Advisory Board - enjoy a wealth of executive experience, he is a community and business leader, he's pragmatic, respected, and most importantly, he is an ally in the fight for immigration reform.  Secretary Pena has acted as advisor to Barack Obama on this issue, and has submitted four key points for immigration reform.

Immigration reform legislation affords opportunities - In 2008, Republicans lost 3 of the 5 seats in the Senate opened by retiring members. In 2010, Republicans must defend 16 incumbents and 3 open seats, while Democrats have to defend 15 incumbents and two open seats.  Passing comprehensive immigration reform in order to solve the very broken immigration system affords Democrats an enormous opportunity to demonstrate a solid achievement as they battle for these Senate seats in states that do not clearly favor either party.  The seats up for grabs:
Jeb does not go to Washington
- Jeb Bush had been mentioned as a contender for the seat being vacated by retiring U.S. Sen. Mel Martinez, but this week he announced he is in fact not going to run for U.S. Senate in 2010.  One can only speculate as to Mr. Bush's reasons for not running, but I have the feeling a major factor is discontent with what the Republican brand currently stands for - or lack thereof.  In part it is a shame because he might have followed Sen. Martinez's moderate Republican voice in the Senate, and like Martinez, supported immigration reform.  Bush governed one of the states with the largest Latino populations in the country, and as husband to Columba Bush - an immigrant from Leon, Guanajuato, Mexico - is inclined to be more sympathetic to immigrants than most of his colleagues.  On the other hand, given the Democratic win in Florida during the 2008 Presidential, maybe this paves the way for Democrats to make new inroads into what used to be the Republican solid south.

Someone else who won't be seeking reelection - U.S. Sen. Kit Bond announced this week that he will not seek re-election in 2010.  The Republican party is also losing U.S. Sens. Mel Martinez (Florida) and Sam Brownback (Kansas).  These retirements provide Democrats - and those in favor of CIR - major openings (both Bond and Brownback acted as voices against immigrants and immigration reform). Missouri voters have been unpredictable in statewide elections lately. They handed Democrat Jay Nixon an easy victory last year in the governor's race, then backed Republican John McCain in the presidential election. Two years prior, Sen. Claire McCaskill, a Democrat, managed to win her seat by a slim margin.

Friends in high places - President-elect Obama officially introduced the new DNC Chair, Gov. Tim Kaine, last week - good news for pro CIR advocates.  A little known fact about Gov. Kaine, of Virginia, is that he began his career in public service outside of the U.S., as a missionary in Honduras.  He is still fluent in Spanish.  Virginia has suffered among the highest number of anti-immigrant policies and legislation at the state and local level, but Gov. Kaine has remained committed to respecting the rights and humanity of immigrants in Virginia, arguing for comprehensive immigration reform, and ending divisive and ineffective tactics in Virginia.

George is schizophrenic on immigration - Since early December, NDN reported on President Bush's recognition that not passing immigration reform was among his biggest disappointments.  He repeated the same idea yesterday during his final interview as President, adding that the GOP must be "compassionate and broad-minded," in order to return from its 2008 electoral defeat, and the President highlighted that the immigration debate was particularly harmful because those opposed to reform made it appear that, "Republicans don't like immigrants."  At the same time, he turns around and strips immigrants of their rights through the Attorney General's last major act in office:

GTMO for Immigrants - On Wednesday, Michael Mukasey ruled that aliens have no constitutional right to challenge the outcome of their deportation hearings based on their lawyers' mistakes.  This effectively scraps a 15-year old precedent set in a case referred to as the Matter of Lozada, which stated that while "aliens" have no 6th Amendment right to counsel, Lozada recognized their right to effective assistance under due process.  This is absolutely abominable, and we hope Eric Holder's first act in office is to reverse this ruling.  NDN and other major organizations will be interested in seeing whether Mr. Holder is asked about his position on this issue during confirmation hearings.

Immigration and Race:
Demography is Destiny (continued) - This week The Atlantic and Ron Brownstein talk about race.  Brownstein goes into detail on how Democrats' efforts to pursue the vote of minorities paid off in 2008:

"The biggest source of Hispanic population growth is not immigration, but from the children of recent immigrants. And, by definition, they are voting citizens once they turn 18."

The Atlantic has a very interesting piece, "The End of White America?" While I agree with the article's general premise that the future will belong to those who can navigate what we at NDN consider a new racial construct of America, I disagree that we live in a "post" racial America.  The Atlantic piece also weaves in the role of race in pop culture, is it "cool" to be white? Will other ethnic groups grow to be considered more "American" now?  The article explores how the role of race has changed as our demographics have changed - you no longer need to be "white" to be included, incorporated into society, to be able to run for office or to be a Hollywood star. An excerpt:

Whether you describe it as the dawning of a post-racial age or just the end of white America,  we're approaching a profound demographic tipping point....those groups currently categorized as racial minorities-blacks and Hispanics, East Asians and South Asians-will account for a majority of the U.S. population by the year 2042. Among Americans under the age of 18, this shift is projected to take place in 2023.......it's now very cool and in to have multicultural friends. Like you're not really considered hip or 'you've made it' if you're rolling with all the same people."

People should be recognized as individuals, not for their color or creed (and as Obama said, we're all muts anyway).  At the same time, we're not there yet. Just because we're in a new, very exciting, stage of the racial construct of America, does not mean that we are "post" racial. 

Hence the current case before the Supreme court trying to do away with the landmark Voting Rights Act is absolutely preposterous.  The act ended literacy tests and other state measures that had kept blacks from the polls, and now helps ensure that all minorities are ensured the right to vote.  Obama's election reflects an enormous advancement in race relations, but voting, particularly in the South, remains significantly polarized.  Exit polls from the Nov. 4 presidential election show whites in many Southern states heavily favored John McCain to Obama. In Texas, 73% of whites favored McCain, in Georgia, 76%, and in Alabama, 88%. Nationally, the percentage of whites for McCain was 55%.

The Wall Street Journal joins the White Supremacist groups who have changed their strategy from openly demonizing Hispanics to arguing that "population control" is needed and that overcrowding - largely caused by "immigrants" - is the reason we have a climate change problem.  Now the WSJ joins the chorus by blaming us (Hispanics) for the economic crisis, namely the Latino members of Congress, Joe Baca and the CHC. Deplorable.  

Muslims and Hispanics - Victims of racial profiling.  Thanks to the Bush fear mongering machine, we are "suspect" just by virtue of being in a room.  After an American family who happens to be of Muslim faith was detained last week due to overzealous passengers who thought they "posed a threat" because of "suspicious" remarks (yeah, I'm sure it was the remarks), DC Rep. Eleanor Holmes-Norton calls for a hearing to look into the way these people were treated when detained.

U.S. to collect immigrants' DNA - Beginning on Friday, the U.S. government will collect DNA samples from people arrested and detained for suspected immigration violations (which are not criminal, immigration violations are civil).  Key word: SUSPECTED, previously the government only obtained DNA from persons convicted of certain crimes.

Setting the Record Straight - Great, updated version of IPC's fact sheet on the myths of immigrants and criminality released this week. Keep it handy.

In case you missed it - The GAO released a report on USCIS’s processes for screening individuals applying for permanent residence, and found vulnerabilities that need to be addressed, like backlogs and improved collaboration with FBI in the case of FBI checks. 

Update: Franken Officially Wins Election, Great Op-ed on the "Failed State Next Door"

Franken - The Minnesota State Canvassing Board confirmed today that Al Franken has won his Senate election, ending a weeks-long recount process that started with the Democratic challenger facing a roughly 215-vote deficit.

Black Swans - A great blog by David Rothkopf on Latin America and foreign policy.  Here, the term "Black Swan" means a recurring theme throughout history in which key events or discoveries of real significance forced a rethinking of the rules and standard approaches that had previously guided society.  And we definitely need to rethink our policies in Latin America.  Excerpt of the piece: 

The best place to begin looking at what might be unexpected is to identify
what most Washington types think is in store for us. As of right now, 2009 looks
like this: deeper, messier recession worldwide, the beginning of the U.S.
pullout from Iraq, worries about Pakistan and Iranian nukes, hopes that Obama
can restore U.S. standing. Oh, and recently a recognition that Israel-Palestine
will continue to be an open wound. But here's five black swans that could arrive and wreak unanticipated havoc: 

1. The failed state next door

At a meeting of leading diplomats from around the Americas I attended not too long ago, the subject that caused the greatest concern was the situation in Mexico. Organized crime has taken a dominant position in a number of provinces and the federal government is struggling to contain the growing security threat. The country is losing oil revenue due to plummeting prices and mismanagement of PEMEX, the national oil company. The Merida Initiative, Plan Colombia-lite for Mexico, has not made the progress some had hoped for and the result is a fragile situation. Add the possible consequences of a very tough 2009 economically and a match is tossed on tinder. In a world in which there is no such thing as foreign policy any more -- every key event has U.S. domestic consequences -- there is no better example than our neighbor. The symptoms of crisis will come streaming over our borders and border-state politics will make it a problem Obama cannot ignore. (Especially with a Homeland Security secretary who is a former border-state governor.) 

Weekly Immigration Update - Outlook for Immigration in 2009

On yesterday's Meet the Press, Senate Majority Leader Harry Reid discusses hopeful prospects for immigration reform in 2009:

MR. GREGORY: Let me ask you about politics.  This is what you told Roll Call two days after the election of Barack Obama.... "‘I think the country has moved to the center,'... ‘I think people want us to get things done.'" Let me test that proposition.  On immigration, do you have a deal between the president-elect and Senator McCain for immigration reform?...

...SEN. REID: "We need comprehensive immigration reform." That was a conversation I had with John McCain.  Yes, we need comprehensive immigration reform.  And what does that mean?  It means we have to make sure our borders are protected, our northern and southern borders.  We have to do something about the millions of people here who are undocumented.  We have to put them on, on a pathway to legalization.  Does that mean that they get to the head of the line?  Of course not.  They'd have penalties and fines and learn English and stay out of trouble.  We have to also do something on a guest worker program and we have to do something about the employer sanctions that works. John McCain believes that should happen.  I believe that should happen. That's...

MR. GREGORY: And he's discussed it with the president-elect?...

MR. GREGORY: McCain has?

SEN. REID: I don't know, but he's discussed it with me.

MR. GREGORY: Mm-hmm.  You think you've got a deal, a prospect of a deal.

SEN. REID: I have, I have John McCain's word that he's going to work real, real hard on immigration reform....

...SEN. REID: And I'll, and I'll work with him.

Gov. Bill Richardson Withdraws From Consideration as Commerce Secretary - This news is not only unfortunate for the President-elect and his team and for the country as a whole, it is bad news for immigration reform.  This Governor's support of reform and criticism of half-measures (such as "enforcement-only"), his legislative, executive, and international experience made him particularly qualified to put a great deal of weight behind comprehensive immigration reform (CIR) legislation in a time of economic crisis as Secretary of Commerce.  Luckily, we still have strong champions for CIR in the administration with Gov. Napolitano as DHS Secretary and Rep. Hilda Solis as Secretary of Labor.  The confluence of immigrants and labor is exactly what the current administration has not been able to get right.  What Ms. Solis and the President-elect seem to understand is that by upholding workers' rights, even for the undocumented, you uphold wage and labor rights for all working Americans.  It is indespensable that Barack Obama name a new nominee for Secretary of Commerce that posseses the same passion and ability of Gov. Richardson to strengthen coalitions in favor of CIR in order to pass CIR in 2009.

An article in The Hill comments on what will likely be early tests on immigration for Barack Obama upon assuming the Presidency, and Spanish-language media demonstrates that the Hispanic community has not forgotten Obama's commitments in this area.  Univision's Sunday morning program, Al Punto, aired an "end of the year" summary that featured five stories - four of the five had an immigration focus.  Next to job creation, immigration reform is the top issue on the minds of Latinos for 2009.  The analysts on Al Punto highlighted that as the economy improves, there will be a need to address the economic demand for workers so that businesses can meet their needs legally, and to ensure labor and wage standards for all workers.

The Hispanic community won't forget the promise of immigration reform - This Sunday, Al Punto had a feature on immigration reform in 2009 and re-played an interview with Barack Obama from May 28, 2008.  When asked whether he was committed to passing immigration reform "in his first year," he replied, "yes, in my first year."  Frank Sharry appeared on this segment commenting on the current climate of fear among immigrant communities.  

President-elect Obama on Raids - During the same interview that took place in May and was replayed this Sunday, Obama was asked how he would handle raids.  He responded that he considered raids a "good public relations move," to make it seem like the government is doing something, but they don't solve the problem in the long-term.  He recognized the terror that affects communities as something to be given due consideration, "I don't think it is the American way to capture a mother and separate her from her child," and not think of the consequences.  Clearly raids are a part of the general review the President-elect will undertake.  Rather than demand or expect him to issue an order "halting raids," I think we can expect Obama to shift the focus of enforcement to going after unscrupulous employers, criminal aliens, and human traffickers.

How to convince Barack Obama that reform is needed this year?
- This question was posed on the Sunday morning Spanish-language showI would posit that the bigger question is how to make sure we educate legislators in both chambers on this issue.  The bottom line is that American voters voted for Obama and for a large number of Democratic legislators as a repudiation of the inaction of the past eight years.  CIR provides the opportunity to demonstrate a will to govern, to take action and solve problems - particularly at a time of economic crisis.  The economy and immigration go hand in hand.  Immigration is a national security issue, it is an economic issue with economic roots and consequences.  By ignoring the undocumented and those who are wanted as workers, you encourage the exploitation that erodes working conditions and job security everywhere.  In a time of economic crisis, the stability and dignity of the work force are especially vital.  This is also why CIR must not be limited to addressing the legalization of the undocumented - CIR must address issues of future flow and it must revamp the entire visa system.  The existing visa system is outdated, unfair, and clearly unrealistic given that most of the undocumented came into the country legally and overstayed their visas.  With the amount of work immigration reform will take, it is vital that it is truly "comprehensive." 

Re: A long road back for the GOP - An interesting article in the CQ, "The Republican Search for Self Better Find Something Quickly," echoes what NDN has been writing about in Simon's post on their "long road back" and my post on how the current GOP is so out of touch - intentionally or not - with 21st century America.  John Bicknell writes: "Republicans are going to have to figure out who they are, and how that identity is relevant to modern America. And they are going to have to do it in less than two years. Otherwise, they could well find themselves on their way to another 40 years in the wilderness." For Democrats, CIR represents a great deal of opportunities to prove their ability to govern, and for Republicans, passing CIR can be the first step out of the wilderness.  

More Examples of our Broken Immigration System:  All of which exacerbate undocumented migration - 1) Marriage Fraud - CQ covers a CIS study as part of a larger piece on marriage fraud and immigration.  While CIS is a known hate group as identified by the Southern Poverty Law Center, and even though we have no factual basis with which to accept their data, even one fraudulent marriage is one too many, and it demonstrates the insufficient legal means for immigration in our laws.  

"The real problem with marriage and immigration law and policy is how the government disrespects the marriages of U.S. citizens and legal immigrants who obey the rules," Paul Donnelly, spokesman for American Families United, which works to reunite Americans' foreign spouses and children, said in an interview....Legal permanent residents have to wait almost five years - nearly eight years for Mexicans - to bring a foreign-born spouse or child into the United States. Americans who marry foreigners that have overstayed prior visas or have been discovered in the country illegally cannot bring that spouse or child into the country for at least three years, with a maximum 10-year term of inadmissibility if the visa overstay is greater than one year or the foreigner is deported.

2) Immigrants priced out of legal status - Only about half of all Central American immigrants eligible for a renewal of their temporary protected status actually filed for their renewals.  Many of these immigrants could not afford the filing fees due to having been laid off or having their number of work hours cut in this time of economic recession.  

3) The Face of Slavery - As long as there are insufficient legal channels for immigrants to come into the country, and as long as those existing channels remain slow and bureaucratic, we will continue to see crimes against humanity like those shown in this New York Times feature - examples of human trafficking and slavery into which women and children fall as they try to achieve the American dream.

The State of Courts - Chief Justice Roberts provided his annual report on the state of the federal courts, which showed bankruptcy filings rose by 30%, filings concerning criminal charges in immigration cases jumped by 27% (the cases are concentrated in the Southwest).  "Criminal charges" could mean criminal activity, or they could mean cases like the one that occurred in Iowa, where many undocumenteds with no IDs or social security numbers unkowingly signed guilty pleas for identity theft.  In the meantime, prosecution of sex offense cases grew by only 9%, and the number of drug cases actually dropped by 7%.  Chief Justice Roberts explained, "Those reductions occurred when investigative agencies shifted their focus from drugs to terrorism and sex offenses." 

Hate Crimes - Two Hispanic youths assaulted a 28 year-old Hispanic woman in San Francisco.  The woman is a lesbian who lived with her partner near the boys, the crime has been qualified as a hate crime.  This horrific crime is made more appalling by the fact that it occurs at a time when Hispanics are crying out in protest against the hate crimes that resulted in the murders of several Latino immigrants and as communities are fighting for their right to be free of fear of having hate crimes perpetrated.  How can we demand certain behavior of other communities if we don't begin with our own? 

Speaking of Border Security - A couple, their children, and family of 7 were killed en route from Dallas, TX to Mexico.  As they were about to cross the border in Texas, they drove on a bridge half of which had collapsed during rain storms.  There were no road blocks, not a single sign warning of the end of the bridge, so as the family drove during the night they fell over the edge of the bridge into a river, only one grandmother survived.

Al Franken to the Senate - It is expected that Al Franken will be declared the winner today in his race against Norm Coleman.  This is good news for immigration reform, click here to see Sen.-elect Franken's position on CIR. UPDATE:  Franken declared winner.   

Weekly Update on Immigration: DHS Has a Really Rough Week, Oops! Bush Did it Again, New Tools in Immigration

The Minnesota race continues, but don't hold your breath - Democratic candidate Al Franken got a boost on Friday in his bid to unseat Sen. Norm Coleman.  On Friday, the state's election oversight board recommended that each of the state's 87 counties review absentee ballots initially rejected as invalid, and submit amended vote tallies that include any ballots found to be wrongly rejected.  The thing is, the board does not have the authority to require counties to conduct such a review, so it would be up to the candidates to issue legal challenges to force the issue should any county decline to re-examine the legitimacy of the disputed ballots.  The Secretary of State projects that more than 1,500 absentee ballots could be found to have been improperly turned away, and if this turns out to be the case,  Al Franken would have to win a relatively small plurality of those ballots to overcome the razor-thin lead held by Coleman following a hand recount of votes cast in the Senate race.

Judiciary Loses Its Lion - In case you missed it, Sen. Ted Kennedy stepped down from his post on the Committee on the Judiciary.  It will be interesting to see who will start to throw their hat in the ring to succeed Sen. Kennedy, and whether that person can - and will - follow Sen. Kennedy's example in the area of immigration reform. 

Tough Week for DHS:   1) DHS Programs caught midstream in the transition - Among them, the controversial SBInet border security system, construction of it is scheduled to begin in March 2009 in Arizona.  After being known in Congress for cost overruns, malfunctions, gaps in management, and miscommunication with Congress, Alice Lipowicz reports on the challenges ahead for SBInet advocates. 
2) A perfect example of the broken immigration system:
  the cleaning service used by DHS Secretary Chertoff to clean his house had undocumented immigrants working there.  What better example of how broken our immigration system really is, and the urgent need to fix it.  At least the Secretary didn't "knowingly" hire "illegals," as did  Lorraine Henderson, an employee of Customs and Border Protection (emphasis added) - Ms. Henderson reportedly was recorded warning her cleaning lady to be "careful" to not get caught.  Who said DHS didn't care?  A former FEMA employee who was sentenced earlier this year for identity theft, with which he funded shopping sprees, has been handed five plus years in federal prison. 
3) Detention center in Rhode Island will get no more
detainees, pending an inquiry into the treatment, and subsequent death, of a Chinese engineer in that detention center. 
4) A judge's denial of DHS's request for a mid-January decision in the case involving DHS's rule pertaining to no-match letters means that President-elect Obama inherits the prolongued legal dispute over the current administration's push to pressure employers to fire undocumented workers.  It is highly unlikely that an Obama administration would pursue the current flawed DHS rule.  In his platform, Pres-elect Obama has proposed an effective verification system as a part of comprehensive reform.
5) TWIC Delays Upset Workers -
U.S. Transportation Security Administration (TSA) and their contractor, Lockheed Martin, had a great many truckers and port workers upset at them as the workers' new biometric Transportation Worker Identification Cards - which they must possess by Dec. 30 in order to be able to work - were delayed.  Some workers in Baltimore reported to TSA on several occasions to pick up their TWIC cards and were turned away due to the volume of people ahead of them.
6) A GAO report released this week
on the planning and execution improvements needed for the US-VISIT program.    

What Immigration Reform does NOT look like - This week President Bush announced regulatory changes to the H-2A agricultural guestworker program that remove important protections for workers and make it easier for employers to bring in foreign workers.  Once again, this is amnesty for unscrupulous employers, not reform.  

Utah Guest worker program to be implemented - The state legislation, SB81 has received ample criticism, and could very well face challenges in the coming weeks and months, prior to its implementation.  

Henryk Kowalczyk's Huffington Post must-read post on why the Immigration debate is about so much more than just immigration.   

Census Updated American Community Survey - The U.S. Census released its 2008 community survey this week, and reiterates the trend mentioned before: immigrants and minorities are moving away from cities and becoming a larger part of the population in suburbs, etc. 

New Tools in Immigration, too - the Migration Policy Institute (MPI) and the New York University School of Law (NYU) launched a project called "State Responses to Immigration" as a joint effort to provide a free, searchable data tool designed to generate information on all immigration-related bills at the state and local level across the nation.

Hate Crimes - Sadly, another Ecuadorian man was killed in New York by a group of men who viciously attacked him.  Jose Sucuzhanay's homicide is under investigation, and it is helping gather civil rights leaders from accross the country to address the spike in hate crimes against Latinos.  Mexicans at the U.S.-Mexico border also report an increase in hate crimes and agression based on nationality and ethnicity.  We see an important social turning point, immigrants - Hispanic ones in particular - fight back against discrimination.  In Tennessee, legal immigrants who had their documents unlawfully taken from them are filing suit.

Interesting article in the Arizona Daily Star on the border fence.  

New IPC Report - The Immigration Policy Center has compiled a major report on minority and New American voter data, as well as motivating issues in the 2008 election cycle.  The report also explores the outlook for immigration reform.

Employers need education on the effects of immigration, too - According to the latest survey released by Manpower, a private Human Resurces firm, 62% of the 4,804 employers in Mexico who were surveyed described themselves as not particularly concerned with the impact of emigration on the Mexican labor market, the remaining 38% does believe that emigration can have a harmful effect on the Mexican economy and cause a potential "brain drain," as well.  An estimated 8 million 5 hundred thousand Mexicans work outside of Mexico.

About 150,000 immigrants from Michoacan are estimated to return to this Mexican state for the Holidays, although there are no estimates as to how many might remain in Mexico.   It is estimated that immigrants going to Mexico for the Holidays will inject about $5 billion into the Mexican economy.

Weekly Update on Immigration

"Prison" for immigrants? - A note in Dubois, Pennsylvania's Courier Express discusses expansion plans for a privately run "federal prison for illegal immigrants." According to the story, the prison is under contract with the Federal Bureau of Prisons. My first question is: why are any immigrants going to prisons as opposed to detention centers? Or is this a case of criminals who are serving sentences and are found to be in the country illegally? I feel like important details were left out of the story, but if non-criminal aliens are somehow being held in prisons then we have a major issue.

The Impact of the 2008 Elections on Immigration, continued: 1. "Firewall" wins -Saxby Chambliss (R) won the runoff election in Georgia against Jim Martin (D) for the Senate. The runoff was widely covered by Time and Chambliss was even on Halperin's "Five Most Important People in American Politics Right Now Who Aren't Barack Obama." In addition to the political considerations, a win by Jim Martin would have meant a key vote in the Senate for immigration reform. Now Chambliss and the Republican party are touting this "big win."  This seat would have meant a huge win for Democrats, but it's important that Democrats put up such a fight in Georgia.  Vehemently anti-immigrant and anti-reform Saxby Chambliss and Jim Martin couldn't have more different views on immigration and in their approach to governing - Chambliss has been politicking, selling himself as a "firewall to prevent Democratic excess," while Jim Martin had presented himself as the man who would provide a "bridge" to the change promised by President-elect Barack Obama, and that change includes immigration reform.

2. Reality sets in, in VA - Per a piece by Anita Kumar in the Washington Post, the Virginia Panel on Immigration is changing its ways, from the hard-line stance to more productive and realistic proposals. After seeing the hard-line anti-immigrant Republican candidates lose congressional elections all over the state, the members of this commission have apparently realized that the anti-immigrant positions they formerly took to score what they considered to be political points just don't work. The panel has shifted its focus from fighting illegal immigration to working with the ever-growing population of immigrants. Delegate Todd Gilbert (R-Shenandoah), who served on the commission and is staunchly anti-illegal immigration, noted "I can't totally disagree that some people are leery of the issue, because maybe it wasn't the wedge issue that some thought it would be," Gilbert said. The new recommendations provided by the panel to Gov. Tim Kaine include shortening the Medicaid residency requirements for certain qualified immigrants, offering in-state tuition to immigrants who meet specific criteria and creating an immigration assistance office. The commission also proposed increasing the number of English classes and creating a plan to address the needs of foreign-born residents and urged the federal government to compile more complete immigration statistics, increase the number of visas for foreign workers and pass comprehensive immigration legislation.

A Post op-ed also discusses the significance of this change in tone in Virginia in more detail: "....reform is as needed as ever. Only the federal government can get the job done, and the political climate may be more favorable than last time around." Of the 12 million illegal immigrants estimated to be in the United States, 250,000 to 300,000 live in Virginia, according to the Pew Hispanic Center in Washington. The U.S. Census Bureau says an additional 440,000 people in Virginia are not U.S. citizens but are in the state legally.

3. More Immigration Losers - The Wall Street Journal remarks: the GOP hardliners have to face the reality that immigration reform is not unpopular. This Opinion piece notes Virgil Goode's loss to Tom Perreillo - which became official this week. For the second straight election, incumbent Republicans who attempted to turn illegal immigration into a wedge issue lost their election. Anti-immigration hardliners Randy Graf, John Hostettler and J.D. Hayworth were among the Republicans who lost in 2006. In addition to Goode, joining them this year were GOP Representatives Thelma Drake (Virginia), Tom Feeney (Florida), Ric Keller (Florida)and Robin Hayes (North Carolina) - all Members of a House anti-immigration caucus that focuses on demonizing the undocumented and advocating for things like mass deportation and denying citizenship to U.S. born children of undocumented persons.

4. GOP Immigration Strategy Goes Down in Flames - El Paso newspaper citing the most recent poll conducted by America's Voice and Lake Research.

5. Jeb Bush Readies to Woo Hispanics- In an interview, most importantly, Bush said his party must embrace the nation's changing demographics:

"We can't ignore large segments of our population and expect to win," Bush said. "We can't be the ‘old white-guy' party. It's just not going to work, the demographics go against us in that regard...". "Among Hispanic voters, I think we need to change the tone of the conversation as it relates to immigration. In Florida, we've not participated much in the chest pounding and the yelling and the screaming. I mean, it just drives me nuts when there are substantive policy differences that we can show mutual respect on, but the tone needs to change. And I think we need to recruit more candidates who share our values in the Hispanic community. In Florida we've done that."

This provides a window into the strategy Jeb will use if he runs for Senate.

Intelligence Report: Anti-immigration Leader at Heart of White Nationalist Scene for Decades - This report just released by the Southern Poverty Law Center (SPLC) details more precisely what SPLC has been reporting for some time: John Tanton, the architect of the modern anti-immigration movement and founder of the Federation for American Immigration Reform (FAIR) has been at the heart of the white nationalist scene for decades, working with racist intellectuals, Klan lawyers and even Holocaust deniers.  Speaking of which, the "think tank" of the hate network funded by Mr. Tanton, Center for Immigration Studies (CIS) appears in this article on alleged "Green Card Marriage Fraud." While there is little data to substantiate the alleged incidence of fraud in marriages between one U.S. citizen and one non-citizen, even one case of fraud is unfortunate. In this regard, we thank CIS for furthering our argument for CIR - so long as the immigration system is broken and so long as there are insufficient legal channels for those currently living in the United States, or those wanting to come here, people will continue to find ways outside of the system to come here. So let's get a law passed that provides for a realistic number of visas, a speedier green-card process through employment and family, and additional realistic legal channels for permanent residence.

Outlook on Napolitano- A New York Times Editorial on the role Gov. Napolitano could play in achieving Comprehensive Immigration Reform as DHS Secretary. This op-ed makes many of the arguments NDN has posited on the inadequacy of "enforcement-only", and makes a compelling argument for the urgency of CIR:

How badly have [enforcement-only] efforts failed? Since Congress passed the Secure Fence Act of 2006, instead of comprehensive reform, 32 tunnels have been discovered under Arizona's border with Mexico, according to research by The Arizona Republic's Sean Holstege. That's more than all tunnels previously found in Arizona. Drug cartels finance tunnels, but transporting people into the country illegally has become so lucrative that drug smugglers increasingly are mixing their cargo. If the U.S. had a process to legally bring in needed foreign workers and legalize the current undocumented population, the reduction in the Border Patrol's workload would allow border law enforcement to focus on drug smuggling. There's reason to hope the new Congress will act on that simple reality.

The Immigration Crystal Ball - NPR is doing a great job focusing on border and immigration issues, Jennifer Ludden explores how enforcement priorities may change under President Obama and why "Immigration Experts Expect Fewer Workplace Raids." There's also a great deal of debate over whether immigration reform will happen, and when: 1) an interesting blog by Roberto Lovato, 2) A Dallas Morning News post by William McKenzie posits "Why Immigration May Go Forward," while a John Riley article in Dallas Morning News argues that immigration reform "Takes backseat to the economy."

No one really knows, all we can do is educate and advocate. The bottom line is that President-Elect Obama has demonstrated a commitment to immigration reform - he has spoken about this issue as a priority, and here's how he'll go about it.

The Economy and Immigration - And why should immigration and the economy be considered separate priorities, exclusive of each other? At NDN we've discussed why there is opportunity for immigration reform to form part of a new plan for the economy. In a post this week, Jeff Cornwall of Belmont University also posits that immigration may be part of the answer to give the economy an entrepreneurial boost:

Most studies find that immigrants are more likely to be entrepreneurs or self-employed than the population as a whole. The Philadelphia Business Journal reports on yet another study that adds more support....Current policy makes it difficult for entrepreneurs to enter the U.S. legally.

In a different post, Jaya Ramji-Nogales writes about one of the effects of the economic downturn on immigrants:

The "Lou Dobbs" effect; as xenophobic vitriol and resulting anti-immigrant sentiment has increased, so has violence against immigrants or those who appear to be immigrants. Add that to an economy in free-fall, and the result may be highly combustible.

Number of Undocumented Immigrants Continues to Fall - According the Center for International Trade of University of Texas at San Antonio, 1.3 million, or 11% of undocumented immigrants have returned to their home country this year. A right wing website similarly reports a dramatic decline, the difference is in the causes to which the decline is attributed. The UT study correctly attributes the decline to the economic crisis and a decrease in the supply of jobs, combined with increased raids and workplace enforcement. The nativist website draws a very incorrect and very dangerous conclusion: that "illegal immigrants" started heading home "immediately" after the failed attempt at CIR in the Senate in Summer of 2007, which is completely false. The first evidence of undocumenteds leaving began earlier this year, during late summer and Fall of 2008, in response to the economic crisis, as opposed to a bill in Congress. As we move forward, and as President Obama works with Congress to pass immigration reform, we have to be very careful to fight back against that 10% of people in the U.S. who will be spreading misinformation such as this.

Immigration Changing Course, A Story that Needs Telling - The Miami Herald has begun a series on the course of immigration, "It's an important story for a country built on immigration and yet often ambivalent about its impacts. Over a generation, new arrivals from Mexico, the Caribbean and throughout Latin America have reshaped this country. Nowhere is that more the case than in South Florida, where millions of legal immigrants and nearly one tenth of the estimated 12 million illegal immigrants in the United States have settled."

Hate Crimes Changing Political Climate - On Tuesday, activists called for investigation of Suffolk hate crime statistics. This is the beginning of what we hope to be an ongoing PR campaign to encourage victims to report hate crimes, and to encourage law enforcement to crack down on such criminal activity.

El Universal reports an increase in remittances to Mexico over the last month, with immigrants taking advantage of the recent devaluation of the peso. Remittances rose 13% compared to October of 2007, coming to a total of about $2.4 billion. This is the first rise in remittances after 14 months of a consecutive decline. Even though they rose from last October, remittances are still less than they were in January of this year. And the AP reports on Philadephia's growing immigrant community.

Weekly Immigration Update

Updates from our last report on the Elections and Immigration: Georgia's Senate Race just two weeks away - The runoff election will take place on December 2 and early the voting period began on Monday in many of the state's counties. Saxby Chambliss and Rep. Jim Martin - the Democratic challenger - are battling voter fatigue, they have to persuade supporters to come out again to vote. A Democratic win in Georgia would be yet another severe blow to the GOP in a state considered a stronghold for them. For immigration advocates, a win by pro-CIR Jim Martin would mean another win for those of us working for immigration reform.

Begich Defeats Convicted Sen. Ted Stevens in Alaska - Senator-elect Begich (D) defeated Stevens by 3,724 votes, a margin of more than 1 percentage point, putting Democrats closer to the 60 seat mark in the Senate. While Stevens has conceded this election, in Minnesota the candidates are still fighting in out. Election officials began a recount yesterday in the race between Republican Sen. Norm Coleman and Democrat Al Franken. So far Coleman leads Franken by 216 votes out of 2.9 million cast.

Obama picks scholars to develop immigration plan - Alexander Aleinikoff, Dean of the Georgetown University Law Center, and Mariano Florentino Cuellar, professor at Stanford Law School will lead the policy working group designated for immigration. Click here to read some articles by Dean Aleinikoff, and here to read more about Florentino Cuellar. In addition, it's looking more and more like Gov. Janet Napolitano will take on the important position of DHS Secretary. In the meantime, Julie Myers is officially no longer at ICE, and John Torres will take the helm through the end of this administration. And according to Adfero Group, these are the 10 most important jobs to be filled at ICE.

New Bedford Factory Targeted in Raid to pay $850,000 in overtime - The owners of the factory settled a class action lawsuit this week, agreeing to pay 764 current and former workers $850,000 owed in overtime.

The Texas GOP just doesn't get it - the Texas State Legislature will see several bills related to illegal immigration this session - "Advocates for a crackdown on illegal immigrants, apparently undaunted by their failures in the last Legislature, have filed a slew of bills for the upcoming session that are even stronger in tone and approach." The GOP is allegedly panicked about their lack of support among Hispanics, but Texas Republican legislators don't seem to get it. The bills go beyond the usual, one is for English-only, another would require public schools to check the citizenship of their students. Another would require illegal immigrants to be banished to self-described "sanctuary cities." Author Leo Berman, R-Tyler said, "The federal government is requiring us to give free education and health care to illegals," Mr. Berman said. "It's the largest unfunded mandate in the history of our nation." Another bill filed for the 2009 session allows police to check people's immigration status under "reasonable suspicion" that they might be illegal immigrants - really. Another refuses birth certificates to children born in the U.S. to parents who are here illegally.

On the flip side, a bill by Rep. Roberto Alonzo, D-Dallas, prohibits cities from restricting landlords on who can rent homes from them - a direct criticism of Farmers Branch's efforts to keep illegal immigrants from renting homes there. Another bill would create a task force to fight human trafficking. "The reality is that these problems can only be solved in Washington, D.C.," said Rep. Rafael Anchía, D-Dallas. "Even if every immigration-related bill passed in the Texas House, it would be wholly ineffective at dealing with the larger issue of how we align our immigration policy with the needs of our labor force. And that's what's driving illegal immigration." I wholeheartedly agree - and so far I've heard many doubts as to whether immigration reform will even be addressed by the 111th Congress.

Will Reform Happen in 2009? - Well, Congress should do so - after the 2006 midterm elections two years ago, congressional job approval was 26%. In this week's Gallup poll, Congressional approval is now at at 19%, with a 74% disapproval rating. Polling data consistently shows that immigration is not the third rail of politics - it's not that people are against reform, if you take the time to ask, people are against the broken immigration system and they want it fixed. Two-thirds of all voters support a comprehensive approach to immigration reform. Patience is not a virtue when it comes to immigration reform - how much longer can we wait? Obama is facing pressure from immigration advocates and from voters, particularly mixed-status families, to pass reform. Many articles posit that Latinos "may" question Obama on immigration - I disagree, Latinos will question Obama on immigration.

As reported by La Jornada, "the Latino vote is not a blank check...it represents the aspiration for change, social and economic justice for Latinos." Hopefully President Obama will work with Congress to fix our very broken immigration system, and fight against the few who confuse reform for "open borders." The Americas Policy Program attempted to explain how the two camps are "retrenching" on the issue of immigration reform, but their explanation merits comment - their article argues that opponents of reform argue that CIR can't happen during a time of economic downturn for fear "we'll lose jobs." The unemployment rate has increased for many reasons that have nothing to do with immigration policy.  All data demonstrates that undocumented immigrants perform jobs that Americans don't want, and by legalizing those without papers, we would be bringing them out of the shadows and improving wages for all, thus increasing wages across the board and fostering a more productive consumer base. The economic crisis is no argument against reform, if anything, CIR can be used as a tool to help improve the economy. The article says proponents of reform are arguing that the new administration "owes" the Hispanic/Latino electorate, i.e., they should pass it because we want it. Not really - while the Democratic party can certainly expect a backlash at the polls for not fixing the broken immigration system, it will come not only from Latinos, but from all the voters who currently feel Congress has not delivered solutions. Yes, Hispanic voters will be watching to see whether Obama "keeps all his promises," and you can bet he won't feel the love next time at the polls if he does not, but CIR shouldn't pass just because Latinos want it, it should be passed because from a policy and a political standpoint, the right and the best thing to do is to pass it in 2009.

Instances of Mistreatment of Children under CPB and ICE custody - A study released by the Center for Public Policy Priorities (CPPP) found that more than 43,000 undocumented, unaccompanied children have been mistreated while in custody and denied access to representation by Customs and Border Protection (Border Patrol) and Immigration and Customs Enforcement (ICE) and then transported home unsafely. The story was also reported by Latin American press, with reports of children being caged, neglected, and denied medical care.

Decorated immigration agent arrested on crystal meth charges.

Read the signs - A CQ article from this week makes some good points, but slightly misread the polling data from Lake Research, saying the issue of immigration has "cooled" - hardly. As Hispanics are being attacked and ostracized throughout the country, a more accurate point in the story that should be highlighted: "Hispanics could blame Democrats for immigration inertia, or feel that implicit campaign pledges weren't honored." A post-election poll by Lake Research Partners for America's Voice found that Hispanics turned their backs on the GOP - even though President Bush and Sen. John McCain , R-Ariz., both favored comprehensive legislation - because of perceptions that Republicans blocked the immigration overhaul in 2007 and used inflammatory rhetoric in the process. And Hispanics will only continue to determine candidates' political fate based on this important issue, as Robert Paral and Associates have reported - the 2008 election results demonstrate that, "even in states where the Hispanic community is relatively small, they can tip those states, they can be kingmakers if the other groups are evenly balanced." Paral expects the Hispanic vote to be the pivotal swing in future elections too, as more Hispanics register to vote, not only in traditional immigrant-receiving states, but also in states with fewer immigrants, such as New Hampshire, Connecticut, Oregon and Pennsylvania.

E-Verify not Ready for Prime Time - According to the ITAA, the final rule published this week requiring federal contractors and subcontractors to screen workers and new hires through the E-Verify system each year will put significant new burdens on those employers at least in the short term.

Immigration authorities need to release the guidelines they use in deciding 'stipulated removal' cases - In the last few years, the number of illegal immigrants in detention who waived their right to plead their case to remain in the United States has shot up from 5,500 in 2004 to 35,000 this year. In all, nearly 100,000 people have agreed to leave the country under "stipulated removal." Not surprisingly, troubling reports have surfaced of immigrants who say they were encouraged to self-deport without knowing that they had valid legal claims to remain in the U.S. and to have a hearing before a judge. Immigrants' rights groups are suing the Department of Homeland Security and other federal agencies, demanding they divulge their procedures for informing detainees of their rights. The department, which has made only half-hearted attempts to comply, should be made to do so.

Querétaro, Mexico gets appropriation for immigrants - The lower chamber of the Mexican Congress approved 704 million pesos to support immigrants returning to 10 states of the country, 50 million of this sum will go to the state of Querétaro.

Oberlin, OH considering becoming sanctuary city.

UN Trade Chief sees up to 6 percent drop in migrant remittances in 2009 - Migrant remittances, a vital source of income for poor countries, could decline by up to 6 percent next year due to worsening economic conditions around the world, the U.N.'s trade chief said last Friday.

Words Have Consequences - Click to read our coverage of hate crimes. Most recently, the death of Ecuadorian immigrant, Marcelo Lucero.

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