Texas Guardsmen took van loads of immigrants for cash, officials say
11:55 PM CDT on Monday, June 11, 2007 By DEREK KRAVITZ / The Dallas Morning News dkravitz@dallasnews.com The Associated Press contributed to this report.
"u wanna do 1 2mrw? they suplyin da van," read one text message.
"tell them ill only do 1 run @ no more than 20 people @ $150 a person and i want 2 leave @ 1930 hrs and ill go 2 San Anto if they want," came the response.
Those text messages and a routine traffic stop hours later resulted in the arrest of three Texas National Guardsmen who were assigned to help secure the border but, federal authorities say, were instead smuggling illegal immigrants for cash – some of them all the way to Dallas.
Sgt. Julio Cesar Pacheco, 25, was accused Monday of smuggling illegal immigrants from his hometown of Laredo, Texas, with the help of two other guardsmen, Pfc. Jose Rodrigo Torres, 26, of Laredo, and Sgt. Clarence Hodge Jr., 36, of Fort Worth. The men were arraigned in Laredo federal court.
A man answering the phone at Sgt. Pacheco's house in Laredo on Monday said he was not available to talk to the media. Attempts to reach Sgt. Hodge and Pfc. Torres were unsuccessful.
It was unclear if any of the soldiers have lawyers.
According to a criminal complaint filed Monday, Pfc. Torres told federal authorities that he had driven seven carloads of illegal immigrants from the border town. He was supposed to leave Laredo on Thursday night and arrive at an undisclosed location early Friday.
But Border Patrol agents stopped the white Ford passenger van Pfc. Torres was driving late Thursday near Cotulla, 68 miles north of the border. Inside were 24 illegal immigrants, agents said. Pfc. Torres was still wearing his Guard uniform. The van was leased by the National Guard.
The guardsman turned over his cellphone, where authorities said they found a series of text messages documenting the soldiers' smuggling operation, from how many immigrants would be transported to how much each soldier would get paid.
The day before last Thursday's scheduled trip, Sgt. Pacheco wrote to Pfc. Torres: "okay it sounds pretty good but we need to take 24 people to make that happen and you will get 3500 does that sound good."
Pfc. Torres responded: "24 will b tuff 2 fit but ill try."
Two of the immigrants interviewed by Immigration and Customs Enforcement agents said they paid $1,500 and $2,000 each to be taken from Laredo to Dallas.
Officials did not answer questions beyond what was in the federal complaint, including whether they suspect the smuggling ring extended beyond the three soldiers.
The three are volunteers assigned to Operation Jump Start, President Bush's initiative to place thousands of National Guard troops at the border to augment local and federal authorities.
The operation, in its second year, has about 1,500 Texas National Guard volunteers stationed along the border. Those numbers are expected to drop significantly by the fall as the program nears its completion, said Col. Bill Meehan, a Texas National Guard spokesman.
"We've had 33,000 soldiers patrol the four border states. And, with that, some of these incidents may happen. But it's still disappointing," Col. Meehan said.
The U.S. attorney's office says this is the first case of its kind to be prosecuted.
"While this situation is disturbing, it doesn't diminish the outstanding contributions of the National Guard to protect our borders," said Nancy Herrera, executive assistant U.S. attorney in Houston.
Sgt. Pacheco, who apparently led the alleged smuggling scheme, is a noncommissioned officer in charge of troops serving at the Interstate 35 immigration inspection station. He is accused of recruiting the other soldiers.
Sgt. Hodge is accused of helping Pfc. Torres pass through a Border Patrol checkpoint undetected by acting as if the two soldiers were performing official business. Pfc. Torres then sneaked past inspectors via a service lane.
Sgt. Pacheco, in an interview last July with the American Forces Press Service, said he was proud of his work as an officer at the border inspection station, referencing a recent incident when Guard soldiers found 11 illegal immigrants hidden under pallets and boxes on a rental trailer.
"They wouldn't have made it," Sgt. Pacheco said, according to the report. "We're here to support the Border Patrol agents. We felt like we did our job because we're saving people's lives."
Pfc. Torres told immigration agents that he was paid between $1,000 and $3,500 by Sgt. Pacheco to transport vanloads of migrants into the U.S, according to the criminal complaint. One of the smuggled immigrants, Martha Nidia Carrillo-Rodriguez, identified Pfc. Torres as the driver who told passengers to "stay down, not to move and to be quiet," according to court documents.
Five of the illegal immigrants have been named material witnesses and will remain in the custody of the Department of Homeland Security, Ms. Herrera said.
The three soldiers are being held by U.S. marshals on $75,000 bond each. A preliminary hearing has been scheduled for June 19 in Laredo. Texas military forces will determine whether the men will be charged under military justice as well.
This is not the first time that National Guard soldiers from the Texas-Mexico border have gotten into trouble.
In September, three guardsmen were charged with firing weapons in front of a house crowded with people in a neighborhood near the border city of Eagle Pass.
U.S. Rep. John Sullivan says everyone stopped by police should verify their legal status. Tulsa OK mayor disagrees
By JIM MYERS World Washington Bureau 5/25/2007
WASHINGTON -- U.S. Rep. John Sullivan and Tulsa Mayor Kathy Taylor disagreed Thursday whether all individuals stopped by a police officer should have to verify their legal status.
Sullivan, R-Okla., believes they should to help crack down on illegal immigrants. Taylor, a Democrat, thinks such a policy would spark fear among law-abiding Tulsans.
Taylor and members of the City Council reached an agreement this week for police to check the immigration status only of those arrested on suspicion of felonies. That issue was expected to be acted on at Thursday's council meeting.
Sullivan, in an effort to pre-empt that action, wrote a letter to Taylor expressing concern that officers were not verifying the legal status of others who might be pulled over for other offenses.
"I have been contacted by several of my constituents who are concerned about your recent proposal to change TPD's current illegal immigration policy," he wrote.
Sullivan said he shared their concerns that the new proposal would limit the criminal offenses for which Tulsa police officers can report to federal officials.
"By only requiring officers to report illegal aliens who commit felonies, your proposal would prohibit the ability of TPD officers from reporting immigration violations of individuals involved in offenses such as DUI's, hit-and-run accidents, simple assault, carrying a concealed weapon, or shoplifting, just to name a few," he wrote.
In an interview, Taylor said current policy already requires the immigrant status to be checked on everyone who is booked into jail.
"We are going to keep our citizens safe," she said.
Taylor rejected Sullivan's request and said she was concerned it would infringe on the rights of law-abiding citizens and require Tulsa police officers to go beyond what those in other major cities are doing.
"Police officers have to have probable cause for an arrest," she said.
"What we don't want to do is develop a sense of fear among law-abiding citizens that they might be wrongfully detained if they can't prove their citizenship.
"Where does it stop?"
The two also differed on the significance of the arrest figures for illegal immigrants in Tulsa.
Sullivan said the U.S. Immigration and Customs Enforcement repeatedly has told him the Tulsa area has low numbers of such apprehensions because proof of citizenship often is not asked for and not reported to ICE.
"By allowing TPD to report all immigration violations to ICE during every incident with illegal aliens, this will bolster our case for a permanent ICE office in Tulsa and help alleviate the strain on our communities, and local law enforcement budgets," he wrote.
Taylor questioned Sullivan's claims.
"I don't know where that came from," she said. "The fact is, we are doing more than most cities are doing."
Taylor said ICE has never indicated to her that Tulsa figures on apprehensions of illegal immigrants were low.
It is unusual for a member of Congress to jump into local issues in such a public way.
Sullivan has made immigration a priority since entering Congress, and at times he has been very critical of federal officials. He also has pushed for an ICE office in Tulsa.
In his letter to Taylor, he reminded her of his efforts and then informed her that members of her party rejected consideration of an amendment that would have allowed state and local governments to be eligible for reimbursement of expenses associated with training on immigrant issues.
Taylor had raised the issue of funding in a May 24 letter to Sullivan.
She also used that letter to remind Sullivan that the authority of the security of the country's borders and the revision of effective immigration laws lies with Congress and the president.
"Congressman," Taylor wrote, "the continued lack of comprehensive and consistent federal policies related to this issue has resulted in local governments being forced to deal with this issue to the best of their ability."
Jim Myers (202) 484-1424 jim.myers@tulsaworld.com
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By JULIE HIRSCHFELD DAVIS Associated Press 6/12/2007
He'll push Senate Republicans to revive the measure, which faces wide opposition in the party.
WASHINGTON -- President Bush is putting his influence within his own party to the test Tuesday as he pleads personally with skeptical Senate Republicans to resurrect his immigration bill.
Despite his confident tone Monday about the measure's fate, Bush is facing a hostile audience that has shown little appetite for following his lead on the contentious issue.
Bush left no room for the possibility that his bid to legalize up to 12 million unlawful immigrants while tightening border security -- among his domestic priorities -- might die. "I'll see you at the bill signing," he said while traveling in Bulgaria.
Still, weakened by his sagging poll numbers and a sense within GOP ranks that he has lost touch with his core supporters on immigration, Bush may well lack the clout he would need to persuade Republicans to back the measure, say lawmakers and strategists.
Tony Fabrizio, a GOP pollster, said Republicans overwhelmingly favor enforcing current laws over giving unlawful immigrants a path to citizenship, putting Bush on the wrong side of an issue that unites the party.
Bush's campaign for the broad immigration measure "is certainly not helpful, particularly with the base," Fabrizio said. "This issue right now is the most glaring one where there is almost unanimity on the other side of (Bush's) position."
Bush, who helped shape the bipartisan immigration compromise that collapsed last week in the Senate, returned to Washington on Monday evening. He will huddle with Republicans over lunch Tuesday, aiming to persuade them to give the measure another chance.
The bill exposes deep divisions among both parties, but it was solid GOP opposition that stalled it when all but seven Republicans blocked a Democratic effort to put it on a fast track to passage.
Senate Democratic leaders wrote Bush on Monday saying that it was up to him to lean on Republicans to back the bill.
Senate Majority Leader Harry Reid, D-Nev., said he would be willing to bring the bill back to the Senate floor in coming weeks if he could be assured that enough Republicans would support it.
Proponents gathered Monday evening to plot strategy. They are working to agree to a limited list of Republican-sought changes that could be considered before moving ahead with the bill.
"Things have changed," said Sen. Jon Kyl, R-Ariz., an architect of the bill. "We're going to put Humpty Dumpty back together."
So far, however, Bush's efforts to give the bill a personal boost -- most visibly in his harsh criticism of its opponents in speeches during Congress' Memorial Day break -- appear to have had the opposite effect.
Some Republican supporters of the bill said those remarks -- when Bush accused those who dismiss the measure as amnesty of trying to frighten the public -- cost him sway among Republicans.
When the measure faced a critical test last week, Sen. Trent Lott, R-Miss., said Bush should stay out of the debate.
On the other side of the Capitol, some Republicans say that on immigration, Bush lacks the strong influence that helped him muscle through other signature initiatives that divided the GOP.
Oregon plant raided after probe into illegal hiring
Ore. plant raided after probe into illegal hiring
Associated Press - June 12, 2007 4:23 PM ET
PORTLAND, Ore. (AP) - Federal agents have raided the offices of a food processing plant in Oregon that's suspected of employing hundreds of illegal workers.
According to an affidavit filed by a special agent with Immigration and Customs Enforcement, only 48 of nearly 600 employees at the Fresh Del Monte Produce fruit and vegetable processing plant have valid Social Security numbers.
Authorities say workers used Social Security numbers that belonged to other people or were made up.
An official with the Department of Homeland Security says about 100 workers have been placed under administrative arrest to be processed for possible deportation.
Prosecutors say a federal grand jury has indicted three people on criminal charges, but the indictment remains under seal.
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
By JOHN CHRISTOFFERSEN The Associated Press Tuesday, June 12, 2007; 4:13 AM
NEW HAVEN, Conn. -- City officials urged federal authorities to halt additional raids targeting illegal immigrants, saying an operation last week violated the law.
New Haven Mayor John DeStefano said Monday he is filing a complaint with the U.S. Department of Homeland Security and seeking an investigation into a raid Wednesday that led to about 30 arrests, including many in immigrants' homes.
DeStefano said Immigration and Customs Enforcement agents failed to notify local authorities about the operation and lacked search warrants.
"They pushed into homes without warrants," he said. "This was just very aggressive intervention."
The city plans to forward witness statements to federal officials describing how parents were arrested in front of their children, DeStefano said. Agents refused to identify themselves and told people in the houses to shut up, according to the statements.
Authorities took those arrested to facilities around New England, officials said. Bond hearings are planned later this week in Hartford.
DeStefano said the operation raised concerns about racial profiling because most of those arrested were Hispanic.
Bruce Chadbourne, field office director for Immigration and Customs Enforcement, said officers had permission to enter the homes and acted professionally. He said the agency notified New Haven police weeks before the operation about executing warrants and denied engaging in racial profiling.
However, Chadbourne said he would temporarily suspend the specific operation the city complained about because of the publicity.
Connecticut Sens. Christopher Dodd and Joseph Lieberman and Connecticut Rep. Rosa DeLauro also asked Department of Homeland Security Secretary Michael Chertoff for clarification about the way in which the raid was conducted and its timing.
"Several aspects of the enforcement operation have raised concerns for us, the mayor of New Haven, and many residents in Connecticut," the lawmakers wrote in a letter.
The operation came two days after the city approved a program to make municipal identification cards available to immigrants. City officials said the raid appeared to be retaliatory, but ICE officials have said the raids had nothing to do with the city's approval of the ID program.
Michael Wishnie, a Yale law professor who is representing most of those arrested, said there were deportation orders for four of 32 people arrested.
What America Owes It's 'Illegals' Barbara Ehrenreich
Rush Limbaugh has been expecting liberals to start "whining" about the $5000 fine undocumented immigrants will have to pay to gain citizenship under the new immigration bill, but most liberals have been too busy chortling about the immigration-induced split in the GOP to make their own case against the bill. So let a mighty whine rise over the land: Undocumented workers shouldn't be fined; they should get a hefty bonus!
All right, they committed a "crime"--the international equivalent of breaking and entry. But breaking and entry is usually a prelude to a much worse crime, like robbery or rape. What have the immigrants been doing once they get into the US? Taking up time on the elliptical trainers in our health clubs? Getting ahead of us on the wait-lists for elite private nursery schools?
In case you don't know what immigrants do in this country, the Latinos have a word for it--trabajo. They've been mowing the lawns, cleaning the offices, hammering the nails and picking the tomatoes, not to mention all that dish-washing, diaper-changing, meat-packing and poultry-plucking.
The punitive rage directed at illegal immigrants grows out of a larger blindness to the manual labor that makes our lives possible: The touching belief, in the class occupied by Rush Limbaugh among many others, that offices clean themselves at night and salad greens spring straight from the soil onto one's plate.
Hence no doubt the ease with which some prominent immigrant-bashers forget their own personal reliance on immigrant labor, like Nevada's Governor Jim Gibbons, who, it turns out, once employed an undocumented nanny. And as the Boston Globe revealed late last year, Mitt Romney's lawn in suburban Boston was maintained by illegal immigrants from Guatemala.
The only question is how much we owe our undocumented immigrant workers. First, those who do not remain to enjoy the benefits of old age in America will have to be reimbursed for their contributions to Medicare and Social Security, and here I quote the website of the San Diego ACLU:
Undocumented immigrants annually pay an estimated $7 billion more than they take out into Social Security, and $1.5 billion more into Medicare.... A study by the National Academy of Sciences also found that tax payments generated by immigrants outweighed any costs associated with services used by immigrants.
Second, someone is going to have to calculate what is owed to "illegals" for wages withheld by unscrupulous employers: The homeowner who tells his or her domestic worker that the wage is actually several hundred dollars a month less than she had been promised, and that the homeowner will be "holding" it for her. Or the landscaping service that stiffs its undocumented workers for their labor. Who's the "illegal" here?
Third, there's the massive compensation owed to undocumented immigrants for preventable injuries on the job. In her book Suburban Sweatshops: The Fight for Immigrant Rights, Jennifer Gordon reports such gruesome cases as a Honduran who died from inhaling paint while sanding yachts in Long Island and a Guatemalan worker whose boss intentionally burned him with hot pans of oil for not washing dishes fast enough. "Death rates for Latino workers," Gordon reports, "have risen over the past decade even as workplace fatality rates for non-Latinos have fallen."
When our debt to America's undocumented workers is eventually tallied, I'm confident that it will be well in excess of the $5000 fine the immigration bill proposes. There is still the issue of the original "crime." If someone breaks into my property for the purpose of trashing and looting, I would be hell-bent on restitution. But if they break in for the purpose of cleaning it--scrubbing the bathroom, mowing the lawn--then, in my way of thinking anyway, the debt goes in the other direction.
New Haven has become an epicenter of the nation’s immigration debate in the past week, beginning with the approval of a first-in-the-nation municipal ID program and then, several days later, the arrests of dozens of city residents in federal immigration raids.
On Monday, New Haven Mayor John DeStefano Jr. released a six-page document arguing that the June 5 raids — in which about 30 undocumented immigrants were arrested in the city’s Fair Haven neighborhood — were retaliation by the Department of Homeland Security for the city’s planned municipal ID program. But a Department of Homeland Security spokesman denied the charge Tuesday, calling the mayor’s allegations “attempts at making political hay.â€
DeStefano said the early-morning arrests were marred by constitutional violations, a “traumatic impact†on young children, racial profiling and a failure to “follow protocol.†The mayor called on Homeland Security Secretary Michael Chertoff to suspend any future raids planned for the city.
As of Tuesday afternoon, DeStefano appeared to be making progress in his fight against the federal government: An U.S. Immigration and Customs Enforcement field director told the Associated Press that field operations would be temporarily halted so as to not put officers in harm’s way during a period of anti-ICE sentiment in the city.
But Department of Homeland Security spokesman Russ Kanocke said ICE was not giving up its efforts in response to DeStefano’s criticisms.
“Secretary Chertoff strongly supports the men and women of ICE and the work that they’re doing in enforcing our nation’s immigration laws, and I can tell you that under no circumstance will this department … back down from enforcing the rule of law — period,†he said Tuesday night. “When you have a local official that makes the suggestion that an enforcement action is somehow correlated to the political views or policies of a community, it’s just bogus. That’s not at all how it works, and it’s not even close to grasping the sophistication and the planning that goes into an ICE enforcement action.â€
Kanocke, speaking generally, said IC E consults the “relevant†officials in a city before conducting a raid. DeStefano says neither he nor any police officers were contacted before last week’s raid in New Haven.
The raids last Tuesday came less than 36 hours after the Board of Aldermen approved a municipal ID program in a nearly unanimous vote. The prevalent mood among immigrant rights advocates went from ecstatic to somber after the raids, and three rallies have been organized to protest the arrests.
DeStefano, for his part, said the city will continue to focus on the public safety of immigrants in the absence of national immigration reform, which stalled in Congress this week. Supporters of the munical ID program said it will protect immigrants by giving them a way to save money without having to keep cash on their persons or in their homes.
“New Haven’s been built by immigrant’s vision and work,†DeStefano said. “When you talk to these folks, you just get a strong sense of how hard they work and the values that they share about seeing their families do well.â€
Local fears
Two days after the raid last week, more than 1,000 supporters and residents crowded into the St. Rose of Lima Church, children clamoring onto laps in order to make room for more people. The mass, conducted almost entirely in Spanish, was followed by a rally — and the influx of another 200 residents — on the steps of the church.
Holding signs reading, "Para dios no hay extranjeros" — “For God There Are No Strangers†— residents were joined by city officials to protest the ICE raids. Rally-goers were asked to sign up for municipal ID cards as an act of defiance, and by the end of the night, many applications had been filled out, some with more than one name crammed into a space because so many people sought to sign up.
In an interview the day after the raids, “Las Americas†convenience store owner Oscar Muralles said that it had been a “dead day,†as many immigrants stayed indoors because they feared they would be detained by immigration officials.
"It reminded me when I was standing outside 16 years ago,†he said. “I had just arrived and there were only black people and Puerto Ricans on the street. In the past five years many Central Americans and Mexicans came, but today no one's walking on Grand Avenue except for black-Americans and Puerto Ricans. We're waiting to serve people and they're not coming. I don't blame them.â€
Alberto, a city resident hailing from Mexico who declined to reveal his last name, said through a translator that he left for work in the morning and returned to find his five housemates on Warren Place gone.
“He’s scared,†said the translator, Eduardo Solis. “He’s going to lose where he lives.â€
A team from Yale Law School has been assembled to defend the immigrants detained in the raids, with help from other local pro bono organizations such as the ACLU.
But Lydia Rivera, who is Puerto Rican and lives in Fair Haven, said she did not have a fundamental problem with the arrests because the immigrants were allegedly here in the country illegally..
“I feel sorry for these people because they come out here to look for a better life, but instead of doing it the right way, they do it the wrong way,†Rivera said.
The scene that would later transpire at the church was reminiscent of the immigrant rights rally and march that took started on the New Haven Green on May Day when ralliers shouted "Si se puede†and held up signs calling for universal human rights. But this time, the crowd was more somber. Rather than cheer, the audience applauded; rather than smile, faces remained stone-faced.
National reactions
The raids in the city have also garnered national attention, prompting responses from politicians — including 2008 presidential candidates — and Americans from around the country.
"The people targeted in [the] raid are hard working and productive,†former New Mexico Governor and Democratic presidential candidate Bill Richardson, who is half-Mexican, said in a statement last week. “They have families and they don't have criminal record. The tactics reportedly used by agents — taking suspects away in front of family members, including young children — are extreme and uncalled for. This is another clear example of why Congress must pass comprehensive immigration reform as soon as possible."
Connecticut Senators Joe Lieberman ’64 LAW ’67 and Chris Dodd, a Democratic candidate for president, and U.S. Representative Rosa DeLauro, whose district includes New Haven, sent a letter to Chertoff calling for answers to questions over the nature of the raids.
But in e-mails to lawmakers, some Connecticut — and non-Connecticut — residents are questioning the mayor’s stance.
“For shame!†Wethersfield, Conn., resident Leigh Standish wrote in an e-mail to Ward 1 Alderman Nick Shalek. “You have performed a grave disservice to the residents and taxpayers of New Haven, as well as to the rest of the State and Nation. You 
have lowered the bar on criminal activity and legitimized illegal behavior. Your statement is that it's okay to break the law.â€
In another e-mail to Shalek, Betty Dobson asked, “What’s wrong with you people? ... Have you forgotten about the three illegals who wanted to kill our military at Fort Dix?â€
“It is people like you who are responsible for home-grown terrorists because you allow them to fester like a cancer in your city,†she said.
Shalek said he has also received a number of e-mails from residents, including Yale students, who are supportive of the ID cards and outraged over the raids. He said it is now time for Yalies, if they are bothered by the events, to assist. Students have at least three options, he said: Contacting DeLauro, Lieberman or Dodd; making donations for the bond that will be required to release the immigrants who have been detained; and attending a “Stop the Raids†march planned for Saturday, June 16.
Yet however much DeStefano and city officials attempt to appeal for compassion in the coming days — his spokeswoman’s initial reaction after the raids was to call for help for the children who would return to parentless homes — the Department of Homeland Security is unlikely to bend in its conviction that arresting undocumented workers comes down to what it views as a basic responsibility: enforcing federal law.
“We’re not going to back down,†Kanocke said.
For Immediate Release: 06/06/2007 Contact: Pahl Shipley 505.982.2291 | pshipley@richardsonforpresident.com
Governor Bill Richardson Calls Connecticut Immigration Raids "Extreme and Uncalled For"
SANTA FE, NM -- New Mexico Governor Bill Richardson criticized today's federal roundup of illegal immigrants in Connecticut and renewed his call for Congress to pass comprehensive immigration reform legislation.
"The people targeted in today's raid are hard working and productive. They have families and they don't have criminal records," said Governor Richardson. "The tactics reportedly used by agents -- taking suspects away in front of family members, including young children -- are extreme and uncalled for. This is another clear example of why Congress must pass comprehensive immigration reform as soon as possible."
Governor Richardson urged Congress to continue working to fix the immigration bill currently being debated in the US Senate.
"This legislation makes a good start toward re-securing our southern border, including 18,000 new Border Patrol agents -- new technology to aid interdiction, a system for employers to verify job applicants are here legally, and penalties for those employers who don't. It also begins to address the application backlog that hurts those immigrants who have followed the rules and waited in line.
The 12 million illegal immigrants already here should meet tough requirements -- keeping a clean record, maintaining good employment histories, and waiting eight years before applying for permanent resident status," stated Governor Richardson. "But there needs to be a reasonable, humane path to earned legalization and ultimately citizenship.
While our country should always look to make our workforce globally competitive, we should be careful not to tear apart America's families. The stability that a family provides to a new citizen is a strong guarantor of long-term success -- success that often comes in the form of the next generation. The new bill diminishes the role of family in the immigration process, and that is something I cannot accept.
I also cannot support the proposed guest worker program as it stands now, which cannot be designed to only meet the needs of employers, and forget to protect the basic dignity and rights of these low-skilled workers. But I remain optimistic that these concerns can and will be addressed through vigorous debate and serious legislative deliberation."
For Immediate Release Office of the Press Secretary June 8, 2007
Best of the Immigration Fact Check: Top 10 Common Myths
White House News In Focus: Immigration
1. MYTH: This is amnesty.
FACT: Amnesty is the forgiveness of an offense without penalty. This proposal is not amnesty because illegal workers must acknowledge that they broke the law, pay a $1,000 fine, and undergo criminal background checks to obtain a Z visa granting temporary legal status.
FACT: To apply for a green card at a date years into the future, Z visa workers must wait in line behind those who applied lawfully, pay an additional $4,000 fine, complete accelerated English requirements, leave the U.S. and file their application in their home country, and demonstrate merit based on the skills and attributes they will bring to the United States.
FACT: Workers approved for Z visas will be given a temporary legal status, but they will not enjoy the full privileges of citizens or Legal Permanent Residents, such as welfare benefits and the ability to sponsor relatives abroad as immigrants.
2. MYTH: This proposal repeats the mistakes of the 1986 Immigration Reform and Control Act.
FACT: The 1986 Act failed because it provided amnesty for 3 million immigrants, did not adequately secure borders, did not include a workable employer verification system, and created no legal avenue to meet the labor needs of the American economy.
FACT: This proposal addresses every one of the shortcomings from 1986:
No Amnesty: Illegal workers must acknowledge that they broke the law and pay a fine to be eligible for a Z visa.
Border Security: Border security benchmarks must be met before the Z visa and temporary worker programs go into effect. These triggers include miles of fencing and vehicle barriers at the border and increasing the size of the Border Patrol.
Employer Verification System: An Employment Eligibility Verification System must be established and in use before any temporary worker or Z visas are issued.
Temporary Worker Program: A temporary worker program will relieve pressure on the border and provide a lawful way to meet the needs of our economy.
FACT: The 1986 Act offered green cards after just 18 months, but under this proposal, green card applicants must meet a number of responsibilities – something which will take most candidates more than a decade.
3. MYTH: DHS has only one day to complete background checks for illegal immigrants already in the U.S.
FACT: To obtain probationary status, illegal immigrants must come out of the shadows to acknowledge they have broken the law and pass a preliminary background check. There is a provision in the bill that says DHS has one day to find a "disqualifying factor," but that is not the end of the process. That is a very short term way of ensuring that if someone comes out of the shadows and admits their illegality, they will not be deported while the process is ongoing and can continue working while the full background check is completed.
FACT: Illegal immigrants may not obtain probationary status without applying for the Z visa. Probationary status may be revoked at any time if a worker is found ineligible for the Z visa, fails to maintain a clean record, or fails the background check required for obtaining a Z visa.
FACT: To remain in the United States, Z visa holders are subject to updated background checks on criminal and security history and must maintain a clean record.
4. MYTH: The temporary worker program is bad for American workers.
FACT: The temporary worker program relieves pressure on the border and meets our economic needs by allowing workers to enter the country to fill jobs that Americans are not doing.
FACT: The program protects American workers by requiring U.S. employers to advertise the job in the United States at a competitive wage before hiring a temporary worker.
FACT: To ensure "temporary" means "temporary," workers are limited to three two-year terms, with at least a year spent outside the United States between each term.
FACT: A cap of 200,000 is set on the program.
5. MYTH: The government will not and cannot meet its promise to crack down on the hiring of illegal workers.
FACT: Before any temporary worker or Z visas are issued, an Employment Eligibility Verification System (EEVS) must be established and in use to prevent unauthorized workers from obtaining jobs in the United States.
FACT: Employers will be required to verify the work eligibility of all employees using the EEVS, and all workers will be required to present stronger and more readily verifiable identification documents. Tough new anti-fraud measures will be implemented to restrict fraud and identity theft.
FACT: Employers who hire illegal workers will face stiff new criminal and civil penalties. For example, the maximum criminal penalty for a pattern or practice of hiring illegals will increase 25-fold, from $3,000 per alien to $75,000 per alien.
6. MYTH: Illegal immigrants will come out of the shadows and on to the welfare rolls.
FACT: Z visa workers are not entitled to welfare, Food Stamps, SSI, non-emergency Medicaid, or other programs and privileges enjoyed by U.S. citizens and some Legal Permanent Residents.
FACT: In order to apply for Z visa status, workers must be employed; in order to maintain Z visa status, they must remain employed
FACT: CBO estimates increased revenue from taxes, penalties, and fines under the bill will offset any estimated increases in mandatory spending, such as emergency Medicaid, and produce a net fiscal surplus of $25.6 billion over 10 years. This surplus will be used to cover costs of implementing the bill, including a significant portion of the costs of better securing our borders and improving interior enforcement through additional Border Patrol and ICE agents.
7. MYTH: Illegal immigrants may stay in probationary status for years without having to apply or meet requirements for a Z visa.
FACT: Illegal immigrants may not obtain probationary status without applying for the Z visa, which requires coming out of the shadows and passing a background check.
FACT: Probationary status is valid only while a Z visa application is pending – it may be revoked at any time if the applicant is found ineligible for the Z visa, fails to maintain a clean record, or fails the background check required for obtaining a Z visa.
FACT: If a worker is deemed eligible for a Z visa, probationary status terminates, and the worker must transition to a Z visa or leave the country. Transitioning to Z status will require the worker to pay a $1,000 fine for head of household and $500 per dependent; up to $1,500 in processing fees per applicant, including heads of household and dependents; and a $500 state impact assistance fee.
FACT: To remain in the United States, the worker is subject to updated background checks on criminal and security history and must stay employed, maintain a clean record, and meet accelerated English and civics requirements by set deadlines. In addition, Z visa holders must pay processing fees of up to $1,500 every four years in order to renew the visa. Z visa holders are not entitled to welfare, Food Stamps, SSI, or non-emergency Medicaid. 8. MYTH: Illegal workers who remained in the country after they were ordered deported by an immigration judge are eligible for Z visas.
FACT: Illegal workers who ignored deportation orders are not eligible for the Z visa program, except in exceedingly rare cases in which they can demonstrate their departure would "result in extreme hardship."
FACT: The determination of what constitutes "extreme hardship" lies entirely within the discretion of the Secretary of Homeland Security, who has no interest in allowing this exception to be abused.
9. MYTH: The bill allows dangerous gang members access to the Z visa program if they renounce their gang affiliation.
FACT: Any gang member convicted of any of a wide range of criminal conduct is not permitted in the Z visa program, whether he or she has renounced his gang affiliation or not. The list of crimes that disqualify Z visa applicants extends into the thousands and includes: Any felony. Any three misdemeanors. Any serious criminal offense. Violations of any law relating to a controlled substance.
FACT: Even if a gang member or other applicant has not been convicted of a crime, he or she is ineligible for the Z visa program if the Government concludes that he is sufficiently dangerous. This is true for all applicants, including gang members who have renounced their affiliations. For example, among those ineligible is any gang member (or other applicant): About whom there are "reasonable grounds" for regarding as a danger to the security of the United States; Who the Government knows or has reason to believe seeks to enter the U.S. "solely, principally, or incidentally" to engage in unlawful activity; or About whom there are reasonable grounds for believing has committed a serious criminal offense outside the U.S.
FACT: The bill would, for the first time, give the Departments of Homeland Security (DHS) and Justice (DOJ) tools to keep certain aliens out of the United States solely on the basis of their participation in a gang. No conviction is required – if an individual has associated with a gang and helped "aid" or "support" its illegal activity, then he or she is not allowed to remain in the country – even if he renounces his gang affiliation. 10. MYTH: By providing an opportunity for citizenship to illegal immigrants already here, the bill will exponentially increase extended-family chain migration.
FACT: The proposal reforms our immigration system to create a new balance between family connections and our national interests and economic needs.
FACT: Green cards for parents of U.S. citizens are capped, while set-asides for the siblings of U.S. citizens and the adult children of U.S. citizens and green card holders are eliminated. FACT: To help keep our economy competitive, a new merit-based system similar to those used by other countries will give preference to attributes that further our national interest such as: job offers in high-demand fields, ability to speak English, and education.
For Immediate Release Office of the Press Secretary June 12, 2007
President Bush Attends Senate Republican Policy Committee Meeting at U.S. Capitol United States Capitol
In Focus: Immigration
1:54 P.M. EDT
THE PRESIDENT: I just had a good exchange with my fellow Republicans. We talked about a lot of issues. I briefed them on my trip to Europe. We talked about -- they were very interested in the Ahtisaari plan for Kosovo. They were interested in my conversations with Vladimir Putin on missile defense. We talked about the energy bill. We talked about the appropriations process, and we talked about immigration.
Some members in there believe that we need to move a comprehensive bill, some don't, I understand that. This is a highly emotional issue, but those of us standing here believe now is the time to move a comprehensive bill that enforces our borders and has good workplace enforcement, that doesn't grant automatic citizenship, that addresses this problem in a comprehensive way.
I would hope that the Senate Majority Leader has that same sense of desire to move the product that I do, or the bill that I do and these senators do, because now is the time to get it done. It's going to take a lot of hard work, a lot of effort. We've got to convince the American people that this bill is the best way to enforce our border. I believe without the bill that it's going to be harder to enforce the border. The status quo was unacceptable. I want to thank those senators on both sides of the aisle who understand the time is now to move a comprehensive piece of legislation. The White House will stay engaged.
Senate Republicans Work $4.4 Billion Border Security Amendment
Tuesday, June 12, 2007
WASHINGTON — GOP negotiators of an immigration reform bill are crafting a large border security amendment with mandatory, immediate funding that they hope will assuage concerns of both Republicans and Democrats, FOX News has learned.
The senators are looking at a way to please conservatives who are skeptical Congress will ever fund the bill's border security provisions, as well as keep Democratic negotiators on board in a last ditch effort to save the comprehensive reform bill.
It is a political tightrope fraught with peril, but the members know they need more Republican support to break through the logjam.
South Carolina Sen. Lindsey Graham, a principle author of the amendment with Republican Sens. Jon Kyl and Mel Martinez, says his amendment is designed to be "a confidence builder" to address members' concerns that ramped up border security provisions in the bill won't, in the end, get funded.
Graham hopes to provide $4.4 billion the day the bill is signed, through an estimate in fees and fines in the current immigration bill, to be used to beef up all the border security measures in the bill, with an additional $800 million for further measures, taking from measures put forward last year by New Hampshire Sen. Judd Gregg who called for more investment in capital infrastructure, like unmanned aerial vehicles and new Coast Guard boats.
"If you put the money into this bill, it goes a long way toward building confidence," Graham predicted.
Visa overstays will become a crime under the Graham-Kyl-Martinez amendment, and repeat offenders would face mandatory jail time, deportation, and a ban from ever re-entering the U.S. It is unclear what Democratic negotiators like Sen. Edward Kennedy will do. He has not supported this kind of stiff penalty in the past.
Graham would also forever bar employers from participating in the guest worker program if they have violated immigration laws repeatedly.
It is unclear if this approach can work. "They tell me it can be done," Graham said, but he added that his staff is investigating this now.
The negotiators met tonight to lay out amendments Democrats and Republicans must have. The intention is to have a list of "less than 20," according to aides, and this final list would be showed to Majority Leader Harry Reid Wednesday.
Earlier today, President Bush told Republican lawmakers on Capitol Hill that failure to adopt a new bill will leave in place an "unacceptable" status quo.
Some of the lawmakers Bush met with "believe that we need to move a comprehensive bill, some don't. I understand that. This is a highly emotional issue," the president said after the meeting.
"We have got to convince the American people that this bill is the best way to enforce our borders. I believe without this bill, it's going to be harder to enforce the border. The status quo is unacceptable. And I want to thank those senators on both sides of the aisle that understand the time is now to move a comprehensive piece of legislation and the White House will stay engaged," Bush said.
Sen. Trent Lott said lawmakers offered several questions and comments to the president, who was anxious to work with the Senate to get the job done.
"The president made it clear to me and to others that he does not want just any bill, won't sign a bad bill, but he thinks this is an issue that needs to be addressed for the benefit of our country,†Lott, R-Miss., said. “I hope that the majority leader will work with us in a way to get it up in a fair process to move it forward.â€
“We’ll move on to immigration when they have their own act together,†Senate Majority Leader Reid said in response.
Nonetheless, several Democrats and Republicans expressed their hope of saving the bill after the Senate voted 45-50 last Thursday to block an end to debate and prevent the Senate from moving to final arguments before a vote on passage.
Opponents said the bill still offers "amnesty" to millions of people who defied U.S. law and crossed the borders without permission. Still, most lawmakers recognize that many of those immigrants have since integrated into the workforce and many are raising their families in the U.S.
They have for the most part dropped calls for these illegals to be remove
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