U.S. to step up deportation of foreign-born, jailed immigrants
Tue Jan 15, 2008 1:30am EST
(Reuters) - The United States expects to deport more than 200,000 immigrants this year who are serving time in prisons and jails across the country, the top U.S. immigration enforcement official said.
The move to speed the deportation of foreign-born criminals aims to help federal and state prisons reduce the costs of housing immigrants, Julie Myers, head of the U.S. Immigration and Customs Enforcement agency, told The New York Times.
Illegal immigration has emerged as one of the most passionate in the campaign for the 2008 U.S. presidential election.
In 2007, ICE brought formal immigration charges against 164,000 immigrants who are behind bars nationwide, the Times reported on Tuesday.
Many of those immigrants are slated for deportation this year, she told the newspaper.
The Times said in 2006, the agency identified 64,000 immigrants behind bars, most of whom were deported.
Myers said in the past year, federal agents have stepped up efforts to find immigrants behind bars and complete immigration proceedings so they could be deported directly from prison without being released into the streets, Myers said.
Foreigners behind bars include large numbers of immigrants who were legal residents, but lost their legal status as a result of being convicted of crimes, Myers told the Times.
In 2007, ICE sent 276,912 immigrants to their home countries, including many who had never been arrested for crimes, but were deported for civil immigration violations, The New York Times reported. The newspaper said Myers also confirmed that ICE adopted a new policy last week requiring a court order for medical staff members to give sedation drugs to immigrants being deported.
(Writing by Joanne Allen, editing by Doina Chiacu)
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The American Civil Liberties Union (ACLU) has recently updated their informational brochure for internationals in the United States, due to the renaming and reorganization of the Immigration and Naturalization Service (INS) becoming part of the Department of Homeland Security (DHS).
Information from the American Civil Liberties Union (ACLU):
What to Do If Questioned by Police, FBI, Customs Agents or Immigration Officers The Immigration and Naturalization Service (INS) is now part of the Department of Homeland Security (DHS) and has been renamed and reorganized into:
The Bureau of Citizenship and Immigration Services (BCIS) The Bureau of Customs and Border Protection (CBP) The Bureau of Immigration and Customs Enforcement (ICE)
All three bureaus are part of the DHS and will be referred to as "DHS" for the purposes of this brochure.
WHAT IF THE POLICE, FBI OR DHS AGENTS CONTACT ME?
Q: Do I have to answer the questions asked by the agents? A: You have the constitutional right to remain silent. It is not a crime to refuse to answer questions. It is a good idea to talk to a lawyer before agreeing to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail. Only a judge can order you to answer questions.
Q: Can I talk to a lawyer? A: You have the right to talk to a lawyer before you answer questions, whether or not the police tell you of that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any investigator who visits you, and give that information to your lawyer.
Q: Can agents search my home or office? A: Police or other law enforcement agents cannot search your home unless you give them permission, or unless they have a search warrant. A search warrant is a court order that allows the police to conduct a specified search. Interfering with the search probably will not stop it and you might get arrested. But you should say clearly that you have not given your consent and that the search is against your wishes. Your roommate or guest can legally consent to a search of your house if the police believe that person has the authority to give consent. Police and law enforcement need a warrant to search an office, but your employer can consent to a search of your workspace without your permission.
Q: What if agents have a search warrant? A: If you are present when agents come for the search, you can ask to see the warrant. The warrant must specify in detail the places to be searched and the people or things to be taken away. Call your lawyer as soon as possible. Ask if you are allowed to watch the search; if you are allowed to, you should. Take notes, including names, badge numbers, what agency each officer is from, where they searched and what they took. If others are present, have them act as witnesses to watch carefully what is happening.
Q: Do I have to answer questions if the police have a search warrant? A: No. A search warrant does not mean you have to answer questions.
Q: What if agents do not have a search warrant? A: You do not have to let the police search your home, and you do not have to answer their questions. The police cannot get a warrant based on your refusal.
Q: What if agents do not have a search warrant, but insist on searching my home even after I object? A: Do not get in the way of the search. If someone is there with you, ask him or her to witness that you are not giving permission for the search. Call your lawyer as soon as possible. Get the names and badge numbers of the searching officers.
Q: What if I speak to government agents anyway? A: Anything you say to law enforcement can be used against you and others. Keep in mind that lying to a government official is a crime. Remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.
Q: What if the police stop me on the street? A: Ask if you are free to go. If the answer is yes, consider just walking away. If the police say you are not under arrest, but are not free to go, then you are being detained. The police can pat down the outside of your clothing if they have reason to suspect you might be armed and dangerous. If they search any more than this, say clearly, “I do not consent to a search.” They may keep searching anyway. You do not need to answer any questions if you are detained or arrested.
Q: What if police stop me in my car? A: Keep your hands where the police can see them. You do not have to consent to a search. But if the police have probable cause to believe that you have been involved in a crime or that you have evidence of a crime in your car, your car can be searched without your consent. Clearly state that you do not consent. Officers may separate passengers and drivers from each other to question them and compare their answers, but no one has to answer any questions.
Q: What if the police or FBI threatens me with a grand jury subpoena if I don’t answer their questions? A: A grand jury subpoena is a written order for you to go to court and testify about information you may have. If the police or FBI threatens to get a subpoena, you should call a lawyer right away. Anything you say can usually be used against you.
Q: Do I have to answer questions if I have been arrested? A: No. If you are arrested, you do not have to answer any questions. Ask for a lawyer right away. Repeat this request to every officer who tries to talk to or question you. You should always talk to a lawyer before you decide to answer any questions.
Q: What if I am treated badly by the police or the FBI? A: Write down the officer’s badge number, name or other identifying information. You have a right to ask the officer for this information. Try to find witnesses and their names and phone numbers. If you are injured, seek medical attention and take pictures of the injuries as soon as you can. Call a lawyer or contact your local ACLU office.
WHAT IF I AM NOT A CITIZEN AND THE DHS CONTACTS ME? Assert your rights. If you do not demand your rights or if you sign papers waiving your rights, the DHS may deport you before you see a lawyer or an immigration judge.
Never sign anything without reading, understanding and knowing the consequences of signing it.
Talk to a lawyer. If possible, carry with you the name and telephone number of a lawyer who will take your calls. The immigration laws are hard to understand and there have been many recent changes. Based on today’s laws, regulations and DHS guidelines, non-citizens usually have the rights below, no matter what their immigration status. The following information may change, so it is important to contact a lawyer. The following rights apply to non-citizens who are inside the U.S. Non-citizens at the border who are trying to enter the U.S. have additional restrictions and do not have all the same rights.
Q: Do I have the right to talk to a lawyer before answering any DHS questions or signing any DHS papers? A: Yes. You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. You do not have the right to a government-appointed attorney for immigration proceedings, but if you have been arrested, immigration officials must show you a list of free or low cost legal service providers.
Q: Should I carry my green card or other immigration papers with me? A: If you have documents authorizing you to stay in the U.S., you must carry them with you. Presenting false or expired papers to DHS may lead to deportation or criminal prosecution. An unexpired green card, I-94, Employment Authorization Card, Border Crossing Card or other papers that prove you are in legal status will satisfy this requirement. If you do not carry these papers with you, you could be charged with a misdemeanor crime. Always keep a copy of your immigration papers with a trusted family member or friend who can fax it to you, if need be. Check with your immigration lawyer about your specific case. You may be required to show your identification to police officers, border patrol agents and aircraft pilots as well.
Q: Am I required to talk to government officers about my immigration history? A: Once you have shown evidence of your status, you do not have to talk to officers further – it is up to you. You may be better off remaining silent and talking to a lawyer first, depending on your situation. Immigration law is very complicated. You may have a problem without realizing it. A lawyer can protect your rights, advise you and help you avoid giving answers that might hurt you. If DHS asks anything about your political and religious beliefs, groups you belong to or contribute to, things you have said, where you have traveled or other questions that do not seem right, you do not have to answer them. An officer may not request evidence of your immigration status in your home or another private place unless he or she has a warrant.
Q: If I am arrested for immigration violations, do I have the right to a hearing before an immigration judge to defend myself against deportation charges? A: Yes. In most cases only an immigration judge can order you deported. But if you waive your rights or take “voluntary departure,” agreeing to leave the country, you could be deported without a hearing. If you have criminal convictions, were arrested at the border, came to the U.S. through the visa waiver program or have been ordered deported in the past, you could be deported without a hearing. Contact a lawyer immediately to see if there is any relief for you.
Q: Can I call my consulate if I am arrested? A: Yes. Non-citizens arrested in the U.S. have the right to call their consulate or to have the police tell the consulate of your arrest. The police must let your consulate visit or speak with you if consular officials decide to do so. Your consulate might help you find a lawyer or offer other help.
Q: What happens if I give up my right to a hearing or leave the U.S. before the hearing is over? A: You could lose your eligibility for certain immigration benefits, and you could be barred from returning to the U.S. for a number of years. You should always talk to an immigration lawyer before you decide to give up your right to a hearing.
Q: What should I do if I want to contact DHS? A: Always talk to a lawyer before contacting the DHS, even on the phone. Many DHS officers view “enforcement” as their primary job and will not explain all of your options to you.
WHAT ARE MY RIGHTS AT AIRPORTS?
IMPORTANT NOTE: It is illegal for law enforcement to perform any stops, searches, detentions or removals based solely on your race, national origin, religion, *** or ethnicity.
Q: If I am entering the U.S. with valid travel papers can a U.S. customs agent stop and search me? A: Yes. Customs agents have the right to stop, detain and search every person and item.
Q: Can my bags or I be searched after going through metal detectors with no problem or after security sees that my bags to not contain a weapon? A: Yes. Even if the initial screen of your bags reveals nothing suspicious, the screeners have the authority to conduct a further search of you or your bags.
Q: If I am on an airplane, can an airline employee interrogate me or ask me to get off the plane? A: The pilot of an airplane has the right to refuse to fly a passenger if he or she believes the passenger is a threat to the safety of the flight. The pilot’s decision must be reasonable and based on observations of you, not stereotypes.
IF YOU HAVE BEEN PROFILED at the airport, please fill out the Passenger Profiling Complaint Form that can be found in the Racial Equality section of our Web site at www.aclu.org/airlineprofiling
REFERRAL CONTACT INFORMATION American-Arab Anti-Discrimination Committee (ADC): (202) 244-2990
American Immigration Lawyers Association (AILA): 1-800-954-0254
Asian American Legal Defense and Education Fund (AALDEF): (212) 966-5932
Council on American-Islamic Relations (CAIR): (202) 488-8787
National Lawyers Guild: (212) 679-5100
National Immigration Project: (617) 227-9727
U.S. Commission on Civil Rights (UCCR): (800) 552-6843
PUBLISHED BY: The ACLU Campaign Against Racial Profiling 125 Broad Street, 18th Floor New York, NY 10004-2400 www.aclu.org. THE AMERICAN CIVIL LIBERTIES UNION is the nation’s premier guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and freedoms guaranteed by the Constitution and the laws of the United States. OFFICERS AND DIRECTORS NADINE STROSSEN, President ANTHONY ROMERO, Executive Director KENNETH B. CLARK, Chair, Executive Advisory Council RICHARD ZACKS, Treasurer Revised 10/24/03
Whether the state's new employer sanctions law covers all currently employed workers and not just individuals hired after Jan. 1 will have to be determined by a judge, said Manuel Cairo, an employment and immigration law attorney with Snell & Wilmer in Phoenix.
"The law as it is codified is ambiguous as to whether violations can occur regardless of the date of hire," he said Wednesday.
"It's debatable as to whether the drafters of this law intended it to be retroactive," he said. "This will have to be resolved in the courts. We'll wait to see how the law is applied."
The matter of which workers are affected by the law became an issue during a November federal court hearing, during which an attorney representing business groups said the law applies to all hires. Attorney David Selden said the issue turns on the definition of "employ," as opposed to "hire."
The law states: "An employer shall not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien." Cairo cautioned employers in Pima County not to lose sight of existing federal law regarding hiring "legal" workers.
Since 1986, federal law has imposed criminal charges and fines for hiring workers not legally permitted to be employed in the United States.
"The failure of Capitol Hill to address the immigration problem has essentially shifted the burden on employers to enforce federal immigration law," Cairo said. Cairo emphasized that it has been against the law for more than 20 years to hire anyone without proper legal work documents. An employer could go to prison on money laundering charges for paying cash under the table to illegal workers according to federal racketeering statutes, he said. Also, employers could face federal charges for harboring unauthorized workers.
Vincent Picard, the spokesman in Phoenix for the federal Immigration and Customs Enforcement agency, said it has stepped up its own worksite investigations here and elsewhere. In 2004, there were 165 criminal arrests nationally and 685 administrative arrests, he said. In 2006, there were 863 criminal arrests and 4,077 administrative arrests.
No such arrests have been made in Pima County. But Picard said "active worksite investigations" by ICE are under way "all throughout the state." Picard said ICE "can serve as a resource to county attorneys" as they begin to enforce the new state employer sanctions law.
"They can come to us with a name and we will check the name in our database to see preliminarily if that person is legally authorized to work in the United States."
Temporary Oregon Administrative Rules take effect Feb. 4.
Salem-News.com Jan-18-2008 11:04
(SALEM, Ore. ) - The Oregon Transportation Commission adopted new rules on Thursday, governing the issuance of driver licenses, instruction permits and identification cards.
The rules take effect Feb. 4. Under the new rules, when a customer comes to a DMV field office to apply for a first-time, renewal or replacement card, DMV will electronically verify the Social Security number provided by the customer. “Current driver license and ID card holders don’t need to do anything until their card expires,” DMV Administrator Tom McClellan said.
“Starting Feb. 4, the new rules will apply when each customer applies for driving privileges or an ID card for the first time, or when each current card holder renews an existing card or replaces a lost one.”
Applicants whose SSNs can be verified will need to present DMV with at least one other ID document from a new list of acceptable documents adopted by the Commission. Those documents include the customer’s expiring Oregon driver license, a valid driver license from the customer’s prior home state, a U.S. or Canadian government-issued birth certificate, or a U.S. passport that is not expired more than five years.
Applicants whose SSNs cannot be verified will need to work with the federal Social Security Administration to correct the problem before DMV can complete the customer’s transaction. The SSA can be contacted at www.socialsecurity.gov or 1-800-772-1213.
In addition to these ID requirements, applicants must provide DMV with proof of residence in Oregon, and they must pass tests to qualify for driving privileges. DMV has the discretion to request more than one piece of identification from customers. A complete list of acceptable documents is available at DMV field offices and online. There are several reasons why an SSN cannot be verified, such as a name change or a discrepancy in a name’s spelling or a person’s date of birth between DMV records and the Social Security Administration records.
“Based on the experiences of other states, between one percent and four percent of applicants’ Social Security numbers won’t be verifiable,” McClellan said. “If DMV and the customer can’t resolve the problem, the customer will need to work with the Social Security Administration to correct the problem before DMV can issue driving privileges or an ID card.”
Under the new rules, Oregonians who do not have an SSN still may apply for driving privileges or an ID card. These applicants must sign a statement that they never have been assigned an SSN, and they must present at least one document from a DMV list of U.S.-issued identification. These include a U.S. passport that is not expired or is expired no more than five years, an immigrant visa issued by the U.S. State Department, or a valid foreign passport with unexpired U.S. Department of Homeland Security documentation.
Oregon has revised its driver license and ID card issuance rules as a result of Gov. Ted Kulongoski’s Executive Order No. 07-22 on Nov. 16, 2007. The order directed DMV to tighten ID requirements as quickly as possible in order to reduce fraud by bringing Oregon’s requirements in line with national standards. Nearly all other states verify all drivers’ SSNs, whereas Oregon has been verifying only those of commercial drivers.
“Oregon’s previous rules attracted people from other states to come here and falsely claim to be Oregon residents,” McClellan said. “Bringing Oregon’s requirements in line with those of other states removes the incentive for these false applications. And the tighter requirements and shorter lists of acceptable documents help prevent ID theft and fraud, as well as make the application process simpler.”
However, the new rules deal only with ID requirements and do not address broader debates about whether Oregon should require proof of U.S. citizenship or legal immigration status, whether a license’s expiration date should be tied to a visa expiration date, or many other requirements proposed under the federal Real ID Act.
Oregon has not made a decision about whether to comply with the Real ID Act. “This change does not make the Oregon driver license or ID card proof of citizenship or legal immigration status, proof of entitlement to government benefits or proof of eligibility to vote,” McClellan said. “Those things will continue to have their own eligibility standards.”
Arkansas State Police Met With Feds About Immigration Powers
The Arkansas State Police met with federal agents to discuss how troopers can screen and arrest suspected illegal immigrants.
Lieutenant Colonel Tim K'Nuckles says regulations will bind troopers to only making immigration-related arrests along the state highways. However, he says officials are still examining options presented by the U.S. Immigration and Customs Enforcement agency during a meeting last week.
The state police have joined about 90 other police agencies around the country asking to take part in a program that allows officers to make immigration arrests.
The program now has 34 other police agencies across the nation involved in it, including four departments that formed an immigration task force in northwest Arkansas.
Ray Larson intends to file detainers for felons here illegally. Photo by Charles Bertram | Staff
KENTUCKY, LEXINGTON
Jail to note inmates' immigration status
CRITICS SAY PROCESS COULD BE USED AS RACIAL PROFILING
By Delano R. Massey And Shawntaye Hopkins DMASSEY@HERALD-LEADER.COM SHOPKINS@HERALD-LEADER.COM
Mayor Jim Newberry announced Friday that Lexington's jail will put in place new procedures to notify federal immigration authorities if an inmate is identified as a foreign-born national.
The announcement quickly raised concerns among immigration attorneys and advocates, who questioned the fairness of the policy and said they feared it could lead to racial profiling if the proper safeguards are not in place.
But city officials dismissed those claims, saying the new procedure will be fair to all inmates, and will help make the community safer.
With the new procedure, Public Safety Commissioner Tim Bennett said, there will be an attempt made during the jail's booking process to determine where an inmate was born.
Under the measure, scheduled to begin Feb. 1, the city will notify Immigration and Customs Enforcement officials in Kentucky and send them any information collected if they identify an inmate who is a foreign-born national. ICE would then check to see whether the inmate is violating immigration laws. Bennett said federal officials could issue a detainer order for the inmate if there are immigration law violations.
"If ICE wants us to hold them, then they would issue a detainer to us, which would then give us the authority to hold them for the immigration folks beyond the time we're normally able to hold them," Bennett said.
The procedure was put in place after a recent discussion between U.S. Immigration and Customs Enforcement officials and Newberry. It establishes a uniform process for the reporting of all inmates identified as foreign-born nationals, the mayor's office said. City officials said foreign-born nationals will also be advised of their right to have their country's embassy or consulate contacted by jail officials.
Currently, the jail does not have "a formal process to attempt to determine the place of birth for anyone being booked," Bennett said. If something came to the attention of the booking officer, he said, that information has typically been relayed to officials by a phone call. He said federal authorities do have 24-hour, direct online access to jail booking records, and that will continue with the new procedure.
Newberry said in a written statement that "this is an action we can take at the local level to step up security and improve safety in our community."
"This new procedure makes our reporting to federal authorities more timely and enables federal authorities to more effectively enforce federal immigration laws," he said.
Fayette Commonwealth's Attorney Ray Larson said the new procedure was "a positive step in the right direction."
"Good for the mayor," he said.
Larson added that, with the new policy, the jail will be reporting "everything from urinating in public to DUI to homicide."
"Typically, ICE is not going to go through all of the trouble for determining immigration status for people charged with disorderly conduct," Larson. "If it's a felony, it comes to our office; I'm going to make sure we lodge a detainer on them. We're not going to put them back on the streets; we're going to have them sent out of the country, back to where they came from."
Still, some local attorneys have expressed concerns about how the new policy will be implemented. Lexington attorney Glen Krebs, who chaired the Lexington Immigration Commission, said the new procedure "does lend itself to some racial profiling."
"Foreign-born national ... how do they determine that? Do they look Mexican, do they look Korean, do they look Indian?" he asked. "How are the people at the jail going to know whether they're foreign-born. I think there is still some possibility for profiling there. I'd be interested to know how they would determine if someone's foreign-born or not."
Sam Rock, a Lexington and Louisville immigration attorney, echoed those sentiments, saying he hopes city officials are properly trained in order to minimize discrimination.
"Now anybody who has brown skin is going to be asked what their immigration status is," Rock said.
He was concerned some victims will stop reporting crimes such as domestic violence because they fear being deported. The only positive outcome Rock noted was that more people might get car insurance to reduce the risk of being arrested.
Charles R. Baesler Jr., president of the American Immigration Lawyers Association MidSouth Chapter, said the policy "causes some serious concern." Baesler said he could see using the policy "if someone's incarcerated -- if they're in jail and going to be there for a while, it doesn't hurt."
But he fears it could be abused and put to use during routine traffic stops by police officers who arrest people for "driving while foreign."
"If that happens, that's a very grave concern for me and a very grave concern for everyone," he said.
But Susan Straub, a spokeswoman for Newberry, said the new procedure "does not involve police officers."
She emphasized that all inmates will be treated the same under the policy. "They will pursue the same questions with all of the inmates," she said.
When asked whether the program lends itself to racial profiling, Tim Counts, public affairs officer for ICE, questioned how that could be.
"It is quite common all across the nation for jails and prisons to make referrals to us," he said.
Counts said ICE sorts through the names as they are received, and then makes a determination on a case by case basis.
"The laws are written such that you're welcome to come to the U.S. as a guest as long as you come here legally, but if you commit certain crimes the deal is off; you go home," Counts said. "Of course, if you enter the country illegally it is our job to remove those individuals."
Reach Delano Massey at (859) 231-1455 or 1-800-950-6397, Ext. 1455.
WICHITA, Kansas, Jan. 19, 2008 - A proposed bill, which has yet to be introduced in Topeka, could make it illegal for anyone to rent to, give rides to, or employee illegal immigrants. Local advocates say that type of law in Kansas will hit the state's bottom line.
Multimedia Watch The Video Saturday members of the Sunflower Community Action Group met with the bill's author, Wichita Representative Brenda Landwehr. Sunflower says they used that meeting to explain how an anti-immigration law in Kansas will send thousands of taxpaying families out of the state. Families moving out of Kansas would cost the state millions.
Sunflower says Kansas has not conducted any studies to show the effects illegal immigrants have on the economy, and fear this latest proposal could hurt the state. It's for that reason they believe immigration should be handled by the federal government.
"Instead of enacting their own state legislation, they need to press congress to do their job," immigrant advocate Emira Palacios said. "What we eventually need is a comprehensive immigration reform that address family unification, a path to citizenship, and workers rights."
Representative Brenda Landwehr disagrees saying, "we can either sit and wait, or we can take action to address the issue in individual states."
DHS Reaffirm Its Policy Not to Approve Applications Without FBI Name Check Results
The current security management environment is different from those in pre-9/11 era and does not allow any government actions that can seriously undermine the nation's homeland security regardless of any other issues that press a political or administrative action. This includes the immigration backlog.
Department of Homeland Security (DHS) Secretary Michael Chertoff indicated in a recent meeting with the American Immigration Lawyers Association (AILA) and other organizations that the U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) will make significant changes to the existing name-check process.
The goal of these changes is to clear the backlog of immigration cases that are pending due to name-check delays. In addition to clearing the backlog, the changed procedures should permit further expedited processing of such cases, to prevent future name-check delay backlogs. Secretary Chertoff, however, warned that some checks would still be delayed by investigations, but this number should be significantly reduced.
The USCIS' criteria will expedite cases stalled due to FBI name-check delays including:
military deployment;
age-out cases not covered under the Child Status Protection Act (CSPA);
applications affected by sunset provisions such as green card lottery;
significant and compelling reasons, such as a critical medical condition; and
loss of social security benefits or other subsistence at the discretion of the USCIS district director.
A large number of applicants and petitioners, however, continue to benefit from filing writ of mandamus against the government in U.S. federal courts. This still appears to be a valuable mechanism to compel the government to expedite adjudication of delayed cases.
It remains to be seen whether the changes in procedures will be sufficient for the FBI to succeed in expediting the name-check process and clearing the backlog. Even if the backlog of cases is cleared, however, there will still be cases delayed due to ongoing investigations. Individuals affected by these types of delays may still benefit from requesting expedited treatment of their cases through administrative and legal procedures.
Illegal immigrants being fired in face of federal crackdown
Monday, January 21, 2008 BY BRIAN DONOHUE Star-Ledger Staff
For six years, Modesto Roque went to work at the sprawling Silver Line window factory in North Brunswick -- a union job with health insurance and wages that started at $7.50 an hour and rose to $9.25.
No one, he says, ever asked about his Social Security number, a bogus ID he used to get hired in 2001.
Roque says a former co-worker at another job gave him the number to use when he first arrived in the country. "I don't know if it's false or illegal," he said. "But I applied (at Silver Line), they accepted it and I was off and working."
But Roque's cover was blown last year when the company was sold and the new owners, Andersen Corp., began auditing personnel records and discovered his Social Security number did not match any on file with the federal government. Roque was given two months to fix his paperwork -- an impossibility, he says, given his status as an illegal immigrant -- and was fired in November.
In all, more than 230 workers at the Middlesex County factory have been fired in the past three months as part of the audit, according to the union that represents them, Teamsters Local 97.
'THIS IS THE FUTURE'
The Silver Line firings are part of a growing trend in which employers are purging unauthorized workers to avoid a fledgling immigration crackdown by the U.S. government, according to immigration attorneys and experts.
"I think this is the future," said Cynthia Lange, a San Francisco immigration attorney whose firm, Fragomen, Del Rey, Bernsen & Lowey, has offices in New York and Iselin. "Companies are looking internally and they want to be the first ones to look at it before they are like sitting ducks."
The number of workplace raids and prosecutions remains small and there have been no recent major prosecutions of employers in New Jersey, home to an estimated 430,000 illegal immigrants. Nonetheless, cases like the 2006 sweep of six Midwestern meat processing plants in which managers of the Colorado-based Swift & Co. were charged criminally, have struck fear in the hearts of employers -- especially companies like Andersen, with name brand reputations at stake.
Andy Carr, director of marketing at Silver Line's Route 1 plant, would not divulge how many people have been fired by the company, which bills itself as the nation's largest manufacturer of vinyl replacement windows and patio doors. However, he did say, "there's a good chance that if we found someone with a mismatch, if we were required by law to let them go, we would do so."
The firings also have offered a glimpse of how unions, workers and employers might adapt to a new business climate in which authorities no longer ignore illegal immigrant labor, as they have largely done for years.
Silver Line must replace scores of skilled workers, some of whom worked at the factory as long as 17 years. On the streets of Plainfield and New Brunswick, workers recently were passing out handbills with the Silver Line logo reading "Now Hiring" and touting perks like restaurant discounts and free movie passes.
The Teamsters Union, meanwhile, has filed a grievance to get the workers rehired or compensated for the firings -- a delicate political stance for a union whose members often accuse illegal immigrants of stealing jobs from U.S. citizens.
And life has gotten tougher for the workers.
MORE RAIDS AND AUDITS
Roque and others say most have found work through industrial temp agencies that hire workers out to warehouses and factories. But the work is unsteady, a day or two at a time, at lower wages than they were paid at Silver Line, with no health insurance.
"I'm just surviving a while until I find something better," said one fired worker, an illegal immigrant from Mexico who said he worked at the company for six years as a licensed forklift operator.
Studies show most illegal immigrants find work using Social Security numbers that are either stolen, purchased, borrowed, taken from dead people or simply invented.
In August, The U.S. Department of Homeland Security announced a new plan to notify employers with large numbers of workers whose numbers do not match records -- 138,447 companies nationwide -- that they must fire the workers within 90 days. In New Jersey, 4,767 companies were slated to receive the letters.
Previously, employers who received so-called "no match letters" were not required to take any action.
The American Civil Liberties Union, the AFL-CIO and other labor groups sued to stop the letters. A federal judge has prohibited the government from sending the letters until the legal battle is over.
In the meantime, the DHS has vowed to step up enforcement and increase the number of workplace raids and audits.
"I advise all employers, yeah, get your house in order," said Dave Whitlock, an Atlanta-based immigration attorney.
For Silver Line, getting its house in order has sparked a new battle with the Teamsters, who have filed a grievance to win the workers' jobs back, or at least a severance package. President John Gerow said more than 200 of the 1,922 Silver Line workers the union represents have lost their jobs.
"These people established themselves, bought houses, kids born here, going to American schools. It's bizarre," said Gerow. "There has to be, for that guy who has 17 years, or 12 or eight, an office or somewhere to go to say "give me a year to rebound. Give them some latitude."
EMBRACING THE 'ENEMY'
The decision by the Teamsters local to challenge the firing illustrates a larger shift on the part of organized labor, which once saw illegal immigrants as the economic enemy.
Today, unions like the Teamsters increasingly see immigrants -- legal or not -- as the most fertile ground for boosting membership.
Gerow, however, sees it more simply. These men paid their dues and worked hard for years, he says, and deserve more than just being fired with no compensation.
"It's based solely on my moral values," he said of his decision to fight for the workers' jobs. "They paid me with no hesitation and when the leopard changes its spots, they become victimized."
He adds: "The guy who hired these guys didn't give a (expletive) who they were as long as they came to work."
Supporters of tougher immigration laws are cheering the move by Silver Line and other companies, saying the federal crackdown on employers is one of the most important steps in reducing the nation's illegal immigration population, currently estimated to be about 12 million.
excl: Mark Krikorian, executive director of the Center for Immigration Studies, a Washington, D.C., think tank that lobbies for lower immigration levels, says his biggest concern is the federal government's new tougher stance will peter out after the November presidential election.
If the crackdown continues, Krikorian said, he's hopeful illegal immigrants like Roque will eventually find things so tough they'll decide to go back to their home countries.
"That's ultimately the goal," he said. "It's not something that's going to happen right away. It needs to gain momentum. And we are beginning to see movement."
Brian Donohue may be reached at bdonohue@starledger.com or (973)392-1543.
Virginia Beach OKs pledge to keep out illegal immigrants
Associated Press - January 20, 2008 2:15 PM ET
VIRGINIA BEACH, Va. (AP) - A new clause in Virginia Beach city contracts says area businesses must pledge they're not hiring illegal immigrants.
Under the new measure, city officials would be allowed to audit companies they believe are breaking the law. The guidelines are set to take effect once City Manager Jim Spore issues clearance to city departments.
Some say the move may stop some illegal immigration locally, but won't end it completely.
Nevertheless, the city has faced mounting pressure to step up its anti-illegal immigration efforts since last spring. That's when two teenager girls were killed when their car was struck by vehicle driven by an illegal immigrant who was drunk.
City officials say it's difficult to strengthen immigration laws because of certain federal laws that take precedent.
Immigration Department Adding 8 Agents To Colo. Springs Office
City Under Pressure To Crack Down On Illegal Immigrants
TheDenverChannel.com POSTED: 12:33 pm MST January 19, 2008 UPDATED: 1:37 pm MST January 19, 2008
COLORADO SPRINGS, Colo. -- Under pressure to crack down on illegal immigrants, the Immigration and Customs Enforcement Agency is expanding its Colorado Springs office from two agents to 10.
The Gazette reported that Republican U.S. Rep. Doug Lamborn said the additional staff will cost about $1 million a year, and will come on board next month.
It remained unclear where the additional illegal immigrants likely to be detained will be housed. The El Paso County Jail is already so overcrowded some inmates sleep outside in tents.
Lamborn said the focus of the new agents will be illegal immigrants who have committed crimes.
Criminal Alien Program still taking illegals arrested for minor offenses
02:36 PM CST on Sunday, January 20, 2008 By BRANDON FORMBY / The Dallas Morning News bformby@dallasnews.com
U.S. Immigration and Customs Enforcement is still accepting illegal immigrants arrested on Class C misdemeanors, despite issuing a memo less than two months ago saying it would no longer take many of those referrals.
ICE spokesman Carl Rusnok said the memo was prompted by a deluge of referral requests from local law enforcement. The agency said at the time that it wanted to focus on illegal immigrants accused of more serious crimes.
Mr. Rusnok said the Dallas office has continued to accept suspects with Class C misdemeanor charges as long as its resources permit.
Such charges include speeding, assault, public intoxication and hot checks. The penalty is a fine of no more than $500.
"The bottom line is [that] like all law-enforcement organizations, we're going to prioritize our resources," Mr. Rusnok said. "It just makes sense."
Irving kicked off a national media firestorm last fall for the high number of suspects it referred through the Criminal Alien Program. Most of the 2,172 people the city has turned over to ICE since September 2006 faced Class C misdemeanors only. The city's referral effort has changed little since the November memo.
In October, Irving police referred 146 suspects to ICE. In November, that number fell to 140. It was 165 in December. Between Jan. 1 and Wednesday, more than 80 arrestees went to ICE.
Officials in the Dallas County suburb have spent months dispelling rumors that its CAP program involved racial profiling and weathering protests by thousands who say police essentially turn over for deportation people who commit nothing more than routine traffic infractions.
But police officials said the department hasn't changed its procedures, which include arresting people who can't identify themselves even if they face minor charges.
CAP allows local law-enforcement agencies to refer to ICE anyone who is arrested and cannot prove citizenship. If ICE determines that the person is in the country illegally, it imposes a deportation hold.
Sheriff's departments in Dallas, Denton and Collin counties and the Farmers Branch, Garland and Grand Prairie police departments are among the North Texas law-enforcement agencies that use CAP.
Farmers Branch police Cpl. Chad Taylor said his department hasn't seen any change with ICE since the memo was sent.
"They're still taking our Class C offenses," he said. 'We're still business as usual."
Grand Prairie police Detective John Brimmer said there was a brief period when ICE wouldn't take his department's Class C referrals, but that has since changed. On Friday, for example, ICE took into custody two people at the Grand Prairie jail facing Class C charges.
Last week, Irving police Capt. John Rodriguez addressed Hispanic residents during a town hall meeting conducted in Spanish. Although the meeting was aimed at informing residents about several city plans and init
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