Illegal Immigration Issues Attract Little Interest Outside N.Va.
By Anita Kumar Washington Post Staff Writer Saturday, March 15, 2008; Page B01
RICHMOND, March 14 -- A divided Virginia General Assembly killed most proposals to crack down on illegal immigration during its annual session, despite legislators' repeated pledges to address the growing population in last fall's campaign.
Of the 130 immigration bills introduced, only a handful passed before the legislature finished Thursday. The bills that would have penalized illegal immigrants died during the session, a sign that the issue lacks a sense of urgency statewide.
"I think the problem here is that there are not enough localities that are feeling the same pain as exploding localities like Prince William," said Del. Paul F. Nichols (D-Prince William). "It's frustrating."
Bills that passed will deny bail to illegal immigrants charged with a crime, require jails to check the legal status of those taken into custody and prohibit government contractors from hiring illegal immigrants.
Gov. Timothy M. Kaine (D), who has often said that immigration policy generally should be left up to the federal government, has signed all three bills.
"Bills dealing with behaviors that threaten public safety ought to be taken very seriously," Kaine said. "Beyond that, you've got to be very careful."
The number of immigration bills introduced in the two-month legislative session was the highest in recent years. More than 100 originated from the Republican-controlled House, where many were approved before the Democrat-controlled Senate killed them.
"The Democratic majority in the Senate "recognized that there was some demand and something had to be done. What came out was just above window dressing," said Sen. Ken Cuccinelli II (R-Fairfax), who introduced several immigration measures. "They wanted to pass just enough to try to release a good portion of the political pressure. Their goal was not to accomplish anything."
Senate Majority Leader Richard L. Saslaw (D-Fairfax) accused House members of trying to use the immigration issue to solicit votes in next year's legislative election.
"I'm not into building guys' campaign brochures, and neither was anybody else," Saslaw said.
Bills that failed would have allowed employers to fire workers for misconduct if they speak a language other than English, banned illegal immigrants from public colleges and universities, required that driver's license exams be conducted in English and required that home buyers prove they are in the country legally to qualify for a mortgage.
Del. Jackson H. Miller (R-Manassas) introduced proposals that would have required defendants to pay for language interpreters in court if convicted and would have forbid taxpayer money from being given to charities that provide services to illegal immigrants.
"There is a different philosophy in the Senate than the House," Miller said. "Most senators said they wanted to get tough on immigration, but then they didn't."
But Nichols said his seven immigration proposals did not make it out of the House. Six of them were never even brought up in a committee, including one that would have required contractors to use an electronic verification system to check workers' legal status.
"The problem apparently hasn't gotten big enough," Nichols said. "We'll stay at it. We're not going to give up."
A Washington Post poll taken a month before the Nov. 6 election showed 75 percent of likely voters in Virginia said immigration was important to their votes in the election for state and local offices.
Republicans across the state, and some Democrats in conservative districts, seized on immigration as a campaign issue, saying they would introduce proposals to reduce the number of illegal immigrants. Much of the debate was in Northern Virginia, including Prince William County, where officials are curtailing some government services to illegal immigrants and increasing enforcement.
"I'm disappointed in the progress [in the legislature] or lack there of," said Corey A. Stewart, chairman of the Prince William Board of County Supervisors and a candidate for lieutenant governor next year.
Attorney General Robert F. McDonnell (R) said he was pleased with the enactment of two bills recommended by the Virginia Crime Commission -- to deny bail to illegal immigrants and require jails to check legal status.
Sen. George L. Barker (D-Fairfax) said that some bills, including his, did not target immigrants directly, but took aim at the problems that can stem from an increasing immigrant population. The legislature passed, and the governor signed, two of Barker's bills that will help localities such as Fairfax combat single-family homes being used as boardinghouses.
"What I've seen on things like this is if legislators see [bills] as addressing an issue and not singling out a class of people, they will support them," he said.
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. An additional 440,000 people in Virginia are not U.S. citizens but are in the state legally, the U.S. Census Bureau says.
At the start of the legislative session, House and Senate leaders outlined their immigration priorities. Only a handful of proposals offered immigrants help, including those that would have created an office of immigration assistance, protected immigrant crime victims and increased the schools' funding formula based on the immigrant population. All three failed.
Andres Tobar, president of the Virginia Coalition of Latino Organizations, said his group is "disappointed that the legislature failed to enact even one measure with a positive impact on the immigrant community."
In the past three years, as Congress repeatedly failed to pass immigration legislation, many states considered immigration bills that address employment, identification, law enforcement and public benefits.
"We need Congress to pass comprehensive immigration reform on the federal level before Virginia hurts herself," said Tim Freilich, legal director of the Legal Aid Justice Center's Immigrant Advocacy Program. "With more than 10 percent of Virginians born outside of the United States, bills that hurt Virginia's immigrants hurt Virginia."
Last year, more than 1,500 immigration bills were introduced in legislatures across the country, about three times as many as in 2006, and 244 were enacted.
Ann Morse, program director for the Immigrant Policy Project at the National Conference of State Legislatures in Washington, said state lawmakers have introduced 600 bills this year but are limited in what they can do to curb illegal immigration.
"It certainly is a testament to the difficulty of the issue," said House Minority Leader Ward L. Armstrong (D-Henry). "States are limited and it underscores the need for the federal government to act."
Kansas targets employers who don't pay immigrant workers
By ROXANA HEGEMAN (Published March 18, 2008)
WICHITA, Kan. — The Kansas Department of Labor is working closely with a Hispanic advocacy group to file wage claims against employers who refuse to pay workers, regardless of their immigration status.
Undocumented workers - often fearful of deportation if they complaining of unpaid wages - have long been reluctant to report labor abuses to authorities.
But more immigrants have been emboldened by a Kansas Supreme Court ruling last year that illegal immigrants like other workers were entitled to compensation under a state law that doubles the amount of money an employee can collect if an employer deliberately withholds wages.
So many workers have complained about labor abuses to the Sunflower Community Action group that Hispanic leaders asked Kansas Labor Secretary Jim Garner to attend a recent meeting in Wichita over the practice, said Emira Palacios, coordinator for the Wichita advocacy group.
About 300 people showed up at that meeting. Garner appointed a Spanish-speaking liaison, Joyce Romero, to work with Hispanic employees to help them formally file claims with the state against abusive employers.
"We want to help them. We are doing what our mission tells us to do," said Megan Ingmire, spokeswoman for the Department of Labor. "We want to help them because they shouldn't have wages held against them."
But Ingmire downplayed the illegal immigration aspect, saying the state agency was not doing anything different with Sunflower Community Action than it would do for any other group. The department doesn't ask about immigration status when investigating an unpaid wage claim, she said.
The Kansas Department of Labor fielded 1,328 wage claims last year, collecting a total of $1.3 million in unpaid wages under the Kansas Wage Payments Act, she said.
Among the workers helped by Sunflower Community Action is Flor Gomez, who said she worked cleaning rooms for the Comfort Inn in Wichita for two days before she was fired after her Social Security number was found to be false. She said she was offered $8.15 an hour when hired.
Instead, the company paid her $5.02 for the 10 hours she claimed she worked - and refused to pay her anything more when her English-speaking husband complained to management, she said as she showed The Associated Press her uncashed check and pay stub.
"It is an abuse," the 30-year-old Mexican immigrant said in Spanish. "Who wants to work and then not get paid? I work to provide for my children. I feel mocked, discriminated against. It's racist."
Mark Stark, general manager of the Comfort Inn, disputed her account and said he was not aware of any labor complaint by a former maid.
"If there was anything like that, we would take care of it," Stark said. "There is absolutely no merit to that - if it was a mistake we would take care of it immediately."
Since Garner's visit, Sunflower Community Action has helped workers file formal complaints with the state against three companies. In addition to the complaint against the Wichita motel chain, four workers filed complaints against one construction firm and five workers filed complaints against another construction firm, Palacios said.
Sunflower Community Action has printed a guide to labor rights that extols workers "not to remain silent anymore, report any abuse." Their booklet - which the group says was reviewed by state officials for accuracy - includes a record-keeping labor form and worker tips. It also includes a list of basic labor rights to which it claims every worker, regardless of immigration status, is entitled.
Coupled with those seven listed labor rights were corresponding state phone numbers for workers to call to file complaints with the state of Kansas. Among those listed: the right to be paid, to be compensated for workplace injuries, to be free of sexual harassment, to have a safe workplace, to unionize, among others.
Its message: "Don't be afraid! Defend yourself and your colleagues!"
Unlike claims for unpaid wages where the state does not ask about immigration status, however, the state's workers compensation program does differentiate when it comes to undocumented workers. That is because illegal immigrants are entitled only to compensation for injuries and not for time off work because of the injuries, Ingmire said. In addition the department turns over to the Social Security Administration for investigation any claims that appear to contain fraudulent Social Security numbers, she said.
Another community meeting over labor issues is planned with Romero on Thursday in Wichita.
USCIS Announces Interim Rule on H-1B Visas Rule Modifies Selection Process and Prohibits Multiple Filings
WASHINGTON ─ U.S. Citizenship and Immigration Services (USCIS) transmitted an interim final rule to the Federal Register today that prohibits employers from filing multiple H-1B petitions for the same employee. These changes will ensure that companies filing H-1B petitions subject to congressionally mandated numerical limits have an equal chance to employ an H-1B worker. To ensure a fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions.
This rule does not preclude related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same alien for different positions, based on a legitimate business need. The interim final rule becomes effective upon publication in the Federal Register.
Last August, President Bush announced that the Administration would be undertaking a series of immigration and border security reforms. The changes to the H-1B filing process under this rule are an important part of that initiative.
On April 1, 2008, employers may file petitions requesting H-1B workers for fiscal year 2009 employment starting on October 1, 2008. For fiscal year 2009, Congress has set a limit of 65,000 for most H-1B workers. Additionally, the first 20,000 H-1B workers who have a U.S. master’s degree or higher are exempt from the cap. Under current procedures, which are not changed by this rule, once USCIS receives 20,000 petitions for aliens with a U.S. master’s degree or higher, all other cases requesting the educational exemption are counted toward the 65,000 cap. Once the 65,000 cap is reached for a fiscal year, USCIS will announce that the cap has been filled and reject further petitions subject to the cap.
This rule also stipulates that if USCIS determines the number of H-1B petitions received meets the cap within the first five business days of accepting applications for the coming fiscal year, USCIS will apply a random selection process among all H-1B petitions received during this time period. If the 20,000 advanced degree limit is reached during the first five business days, USCIS will randomly select from those petitions ahead of conducting the random selection for the 65,000 limit. Petitions subject to the 20,000 limit that are not selected in that random selection will be considered with the other H-1B petitions in the random selection for the 65,000 limit.
The rule further clarifies that USCIS will deny petitions that incorrectly claim an exemption from any H-1B numerical limits. Those filing fees will not be returned.
...................................................................................................................................... impossibility is a word found only in the dictionary of fools
This is a jaw-dropping article, I believe, so I held back in vain the urge to share it.
Stalwart Service for U.S. in Iraq Is Not Enough to Gain Green Card
"During his nearly four years as a translator for U.S. forces in Iraq, Saman Kareem Ahmad was known for his bravery and hard work. "Sam put his life on the line with, and for, Coalition Forces on a daily basis," wrote Marine Capt. Trent A. Gibson. Gibson's letter was part of a thick file of support -- including commendations from the secretary of the Navy and from then-Maj. Gen. David H. Petraeus -- that helped Ahmad migrate to the United States in 2006, among an initial group of 50 Iraqi and Afghan translators admitted under a special visa program. Last month, however, the U.S. government turned down Ahmad's application for permanent residence, known as a green card. His offense: Ahmad had once been part of the Kurdish Democratic Party, which U.S. immigration officials deemed an "undesignated terrorist organization" for having sought to overthrow former Iraqi leader Saddam Hussein. Ahmad, a Kurd, once served in the KDP's military force, which is part of the new Iraqi army. A U.S. ally, the KDP is now part of the elected government of the Kurdish region and holds seats in the Iraqi parliament. After consulting public Web sites, however, the U.S. Citizenship and Immigration Services determined that KDP forces "conducted full-scale armed attacks and helped incite rebellions against Hussein's regime, most notably during the Iran-Iraq war, Operation Desert Storm and Operation Iraqi Freedom." Ahmad's association with a group that had attempted to overthrow a government -- even as an ally in U.S.-led wars against Hussein -- rendered him "inadmissible," the agency concluded in a three-page letter dated Feb. 26." Washington Post, Mar. 23, 2008.
________________________________________________________________________ "Our task now is not to fix the blame for the past, but to fix the course for the future." JFK
Thanks, RN. I read this in the Washington Post this AM - and, yes, my jaw was on the floor. It just goes to show how fouled up our immigration practices are in this country. I believe any soldier who has put his life on the line to defend this country should be given an expedited opportunity to become a U.S. citizen (with benefits to his/her family as well).
I have heard stories like this before and I think it really is jaw dropping. I am flabbergasted that men and women like Saman Ahmad are exploited in this way. I hope there will be change. He and others like him deserve to have an opportunity to become Citizens of the country they serve in a war and put their lives at risk for.
-------------------------------------------------------------------------------------------- God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Mr S.U.
If someone helps this country, fights for this country, puts their life On The Line for this Country. THEY SHOULD BE ALLOWED TO BE A PART OF THIS COUNTRY! and their family!
ndgfhnkjmhgmnxfhykjxgfhgfn vmhjhnbmjhgk,mhn n!!!! All I Can Say!
I dont understand what is so "jaw dropping" about this decision.
He was a translator. There are many of them. They were issued a special visa. Special visa , guest visa, etc. why should it be path to greencard or citizenship??? The applicant did not qualify based on his past.
This man and many more like him put their lives and their families members on the line, to help not only the US but other countries too, because they help translate, help with intelligence and not to forget that back in their own countries they could be killed because they will be seen as traitors.
If it wasn't for people like him and others, the US would not know as much as they did or do, and would lose a lot of soldiers in a war and a lot more innocent civilians.
They also help with intelligence regarding terrorism in this country and others.
Of course they should be rewarded at least have an opportunity to become a citizen of this country or any other country that they serve and save many lives for.
It isn't just a job.
-------------------------------------------------------------------------------------------- God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Mr S.U.
Originally posted by 4now: I dont understand what is so "jaw dropping" about this decision.
He was a translator. There are many of them. They were issued a special visa. Special visa , guest visa, etc. why should it be path to greencard or citizenship??? The applicant did not qualify based on his past.
Its a job nothing more.
Next
Hi, pinky, you make my jaw drop once more because of how you manifest your childish ignorance (not funny though) on one of the raging issues of the day: Iraqi US collaborators.
This issue strikes a very sensitive spot within me, although I'm personally opposed to the war in Iraq, because it involves people's lives.
But I won't attempt to re-emphasize the obvious importance of these people in this war because Sprint already did it very well. I'll just delve more on the process involved (that you also questioned).
Normally evacuated and resettled into Jordan, Syria, Egypt, Turkey, and Lebanon, these translators (collaborators) need to apply and prove that they have legitimately worked for the US government or allies in the war in Iraq to qualify for referral by the UNHCR, a US Embassy, or an NGO to the PRM (DOS' Bureau of Population, Refugees & Migration) to be eligible for screening by USCIS through the USRAP (US Refugee Admissions Program) a program that's cooperatively administered by the DOS and the DHS.
Majority of cases are handled this way but other avenues are available like direct application in Jordan and Egypt (not via UNHCR) or in-country screening in Iraq e.g. US Embassy direct hires.
After a thorough evaluation and analysis of documentary evidence and background checks, a qualifying Iraqi translator (and family, if any) is being approved for resettlement into the US on either refugee or asylee status (the later for extremely vulnerable individuals for persecution back in Iraq due to such collaboration with the US and allies).
(The US government is receiving criticisms from every side due to the very slow-paced progress of this program, as well as the very limited number of 'collaborators' that are being approved and resettled into the US, but in this current era of global terrorism, it's understandable that extreme caution should be exercised in the screening process due mainly to the not-so-remote possibility of some 'misfits' falling through the cracks).
Once the refugee or asylee has been admitted to and settled in the US for at least one year, demonstrated good moral character, and didn't violate the terms and conditions of his admission and status, he is eligible to file Form I-485 to gain permanent residency.
Now, pinky, what's your problem with the 'jaw dropping' case in point above, where the USCIS officer failed to open up a little bit his/her mind in interpreting the translator's past membership with KDP that is one of US's factional allies in the war in Iraq?
By the way it's just one of the myriad of AOS applications that USCIS handles everyday, but if it wasn't absurd, it won't be news!
Oh, but why do I wonder that you didn't find it incredible, yeah, jaw dropping?
I forgot. You don't have any jaw to drop most of the time. It's locked. Overused.
________________________________________________________________________ "Our task now is not to fix the blame for the past, but to fix the course for the future." JFK
Originally posted by 4now: I dont understand what is so "jaw dropping" about this decision.
He was a translator. There are many of them. They were issued a special visa. Special visa , guest visa, etc. why should it be path to greencard or citizenship??? The applicant did not qualify based on his past.
Its a job nothing more.
Next
My question is if he doesn't qualify for a green card based on his past, why did he qualify to serve in the U.S. Marines for four years? What is this? Use them then lose them mentality? If our government believes KDP to be affiliated with terrorists, why would they offer him a visa (to participate in this stupid war) in the first place?
Serving in the U.S. military is more than a job. It is a commitment and an honor. For the U.S. to turn their back on someone the way they did in this case is despicable. Shame on us.
Originally posted by Sprint_girl07: Sometimes you shock me 4now, just a translator?
This man and many more like him put their lives and their families members on the line, to help not only the US but other countries too, because they help translate, help with intelligence and not to forget that back in their own countries they could be killed because they will be seen as traitors.
If it wasn't for people like him and others, the US would not know as much as they did or do, and would lose a lot of soldiers in a war and a lot more innocent civilians.
They also help with intelligence regarding terrorism in this country and others.
Of course they should be rewarded at least have an opportunity to become a citizen of this country or any other country that they serve and save many lives for. It isn't just a job.
Yes,,, A translator. paid too. So why or why do you think this deserves a greencard or citizenship Because you have been brainwashed that being in the military is the ultimate sacrifice rather than the true perspective of what it really is.... A JOB.
It isnt just a job.... Its an adventure
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According to Betsy Streisand, of the U.S. News & World Report, citizenship applications have gone up from 300 a month before Bush’s order to 1,300 a month in 2003. In short, the only reason Hispanics enlist in the military, really has nothing to do with defending our national security or “honor,” it is solely to increase their access to a decent education and a better life. source link
Looks like ,, smells like, must be JOB,
You and others here with similar postings are caught up in the government brainswash mentality that gets thrown out there at you. The same bull that GW Bush threw at you that said it is "Un-american " to not support the IRaq war/ troops. Too many hollywood hero movies. You believe it and then go even further to peddle this message to your children.
There are of course those who join solely for the purpose of defending or fighting for their country in war times.
So let me ask you.. If this were a nazi who happened to speak arabic and came forth to be a translator. Of course the USA would use him to do a job... but do you think they would approve him for a greencard.. NO. This man didnt qualify The special visa is exactly what it is, a special visa. It doesn not guarantee GREENCARD! This mans past certainly does not make me jump up and down to have here in this country permanently. Does the military dangle the carrot... yes of course, the recruiters do it all the time to the usa homegrown.
Mr. Ahmed is still here enjoying the usa, why would it be so jaw dropping if he has to return to Iraq? This is what asylum is all about. When it is safe... he can return. Until then, he will remain here on asylum.
[quote]Ahmad remains in this country under his special visa and asylum status, but neither one has the permanence of a green card. Under U.S. law, those granted asylum can be sent back to their country if the secretary of state determines that it is at peace and that the danger to the person has subsided. Ahmad said he would like to return to Iraq, but only "as a Marine." He has no family there, he said, but "I have the greatest, biggest family in America. I have the USMC." [quote]
My question is if he doesn't qualify for a green card based on his past, why did he qualify to serve in the U.S. Marines for four years? What is this? Use them then lose them mentality? If our government believes KDP to be affiliated with terrorists, why would they offer him a visa (to participate in this stupid war) in the first place?
Serving in the U.S. military is more than a job. It is a commitment and an honor. For the U.S. to turn their back on someone the way they did in this case is despicable. Shame on us.[/QUOTE]
Hi Proud.
See my post above to Sprint covering the "Job."
A little too much "patriotism" gone wild here it seems.
No one has turned their back on anybody. Mr. Ahmed remains in this country on asylum. He was given a special visa to do translator work along with 500 or more other people. I have a fiend in Germany who does the same. I do not believe it is reasonable thinking to expect becuase someone has held a temporary job for a number of years to in turn expect to get a permanent job. After all they were told it was temporary to begin with and that there were no guarantees. It is not shameful or stabbing in the back, Nor is it unfair.
Immigrants being of service to the country did receive special carrots so to speak.
"Immigrants on active duty are not deportable under a special agreement between USCIS and the Department of Defense. Moreover, in many of these cases, the immigrant is given the opportunity to seek naturalization before USCIS initiates deportation proceedings." Many were even given naturalizations after their deaths.
Mr. Ahmed was just on special visa. Visa does not equal greencard. Applicant must qualify. I have no problem understanding Uscis denying this persons petition.
[quote] Ahmad's association with a group that had attempted to overthrow a government -- even as an ally in U.S.-led wars against Hussein -- rendered him "inadmissible," the agency concluded in a three-page letter dated Feb. 26. After graduation from Salahadeen University in Irbil, Ahmad was conscripted into Hussein's army, served his time and then held various jobs. He turned to smuggling and spent a period in jail, then fled to Turkey. He worked as a hotel dishwasher in Istanbul. When he decided to return home in December 2001, he turned himself in to Turkish police as an illegal immigrant and was deported. At the time, KDP forces were fighting both Hussein and a rival Kurdish party. Ahmad joined the KDP militia. "I don't have any resources, I don't own a penny. I want to eat," he recalled. In his area of Kurdistan at the time, "even you cannot clean up street if you do not become part of that group." By early 2003, U.S. Special Forces in the region were working to unify the Kurds as allies in the invasion of Iraq. Ahmad, the only English-speaker in his KDP unit, became a translator and liaison. After Petraeus's arrival in Mosul, Ahmad's offer to work full time for the Americans was turned down on grounds it would anger his KDP commander, he said. He deserted the KDP military and decided to try his luck at U.S. headquarters in Baghdad, taking with him the commendation for his "outstanding service and dedication to the 101st" signed by Petraeus on Sept. 11, 2003
He sounds flaky 2me and it would only be a matter of time b4 he may desert usa, or decided to join group to overthrow this govenment.
There is no shame here in my opinion.
This message has been edited. Last edited by: 4now,
I can appreciate and understand your viewpoint, 4Now, but it seems somewhat shady for the US to 'use' foreigners to her benefit and then discard them when there are finished with them.
Why would the US government hire him in the first place if they thought he had ties to a terrorist group? I guess that's the part that bothers me the most. Do they not use scrutiny when they hire foreigners to fill these translator positions??? In any case, I still believe if he was good enough to serve in the US Marines, he certainly deserves a chance to to get permanent residency - unless there are other, more damaging skeletons in his closet.
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