Immigration
enforcement, eligibility probe will continue despite federal investigation
(WorldNetDaily)
12/15/11
Sheriff Joe Arpaio told WND today he intends to fight Justice Department allegations that his office violated federal
civil rights laws in enforcing immigration laws in Maricopa County, Arizona.
He further affirmed that his office will proceed with the Cold Case Posse investigation into the
authenticity of Barack Obama's birth certificate and his eligibility to be president, which is scheduled to release preliminary
findings in February.
In the Obama eligibility
investigation, Arpaio's investigative team has amassed hundreds of pages of documentation and taken testimony from dozens
of experts in preparation for a final phase of field investigation.
"President Obama has just put a welcome sign on the U.S. border with Mexico," Arpaio told
WND in response to the Justice Department complaint. Read full story...
Supreme Court will hear Arizona immigration case
Kagan recuses herself (Washington
Times) 12/12/11
The Supreme Court announced Monday it
will take the case of Arizona’s tough immigration crackdown law, adding yet another contentious clash between the Obama
administration and the states to its docket.
The case, which has attracted national attention, pits Arizona against
theObama administration, which sued and won court orders blocking implementation of most of the law at both the district and
appeals court levels. Arizona’s law spawned a host of copycat laws in other states, and most of them have likewise seen
their key provisions blocked by court challenges from the administration.
At stake is Arizona’s goal of granting state
and local police the power to check the immigration status of persons they encounter during their duties, such as traffic
stops. Administration lawyers argue the state statutes infringe on what is federal responsibility to police the borders and
set immigration policy.
In its notice, the court said Justice Elena Kagan had recused herself from the decision
to take the case.
Justice Kagan has come under fire for not recusing herself from the decision to hear challenges to
the new health care law.
She was Mr. Obama’s solicitor general from March 2009 up through May 2010, though she stopped taking
part in cases in March 2010 so she would preserve her ability to hear them as a justice.
The health care law was signed in March
2010. Arizona’s immigration law passed in April 2010.
Arizona Gov. Jan Brewer, whose signature on the law turned her into a
national leader on immigration issues, said she expects the court will uphold the right of states to take action
where the federal government has failed.
“Arizona has been more than patient waiting for Washington
to secure the border,” she said. “Decades of federal inaction and misguided policy have created a dangerous and
unacceptable situation, and states deserve clarity from theCourtin terms of what role they have in fighting illegal immigration.”
Arrests of illegal migrants
on U.S.-Mexico border plummet (Washington Post) 12/3/11
MEXICALI, Mexico — Arrests of illegal migrants trying to cross the southern U.S. border have
plummeted to levels not seen since the early 1970s, according to tallies released by the Department of Homeland Security last
week, a historic shift that could reshape the debate over immigration reform.
The Border Patrol apprehended 327,577 illegal crossers along the U.S.-Mexico border in fiscal year
2011, which ended Sept. 30, numbers not seen since Richard Nixon was president, and a precipitous drop from the peak in 2000,
when 1.6 million unauthorized migrants were caught. More than 90 percent of the migrants apprehended on the southwest border
are Mexican.
The number of illegal
migrants arrested at the border has been dropping over the past few years but appears to be down by more than 25 percent this
year.
Experts say that Border Patrol
apprehensions are a useful marker for estimating the total flow of illegal migrants, though imprecise because the U.S. government
has no idea how many are not caught. But coupled with census and labor data from both countries that show far fewer Mexicans
coming to the United States and many returning home, it appears that the historic flood of Mexican migration north has slowed
dramatically.
“We have reached
the point where the balance between Mexicans moving to the United States and those returning to Mexico is essentially zero,”
said Jeffrey Passel, a senior demographer at the Pew Hispanic Center, whose conclusion was shared by many migration experts.
Such a steep drop in illegal crossings gives supporters of immigration reform
ammunition to argue that now is a good time to tackle the issue.
GOP presidential contenders Newt Gingrich and Mitt Romney have been sparring over the estimated 11
million people living illegally in the United States. Gingrich says it would be heartless to kick out migrants who have worked
and raised families here for years, while Romney blasted Gingrich for supporting “amnesty” for illegal residents
but has not given a clear answer on what he would do.
In Congress, comprehensive immigration reform has been sidelined, stuck between those who would not allow illegal
migrants to remain and others who are pushing, like President Obama, to create a “pathway” to legal status, but
not necessarily citizenship.
The
lower number of apprehensions supports the Obama administration’s contention that the border is more secure than ever
— that the doubling of Border Patrol agents since 2004, along with hundreds of miles of new fence, cameras, lights,
sensors and Predator drones, has helped slow the illegal flow northward.
But
those who say the border remains out of control can point to the fact that hundreds of thousands of illegal migrants still
try to make the crossing every year.
Fewer
in search of shelter
At the Casa
Betania migrant shelter in a rough section here in the sprawling border city of Mexicali, manager Jorge Verdugo has seen a
steep decline in the number of ragged men who arrive each afternoon looking for a meal, a shower and a safe place to sleep.
Five years ago, the shelter’s 42 beds were
always full. But on a recent afternoon, the place was mostly empty. At the other migrant shelter across town — for women
and children — there was only one guest.
“The change has been drastic,” Verdugo said.
Data from Mexican surveys show that the amount of money sent home from the United States is falling,
from a peak of $24 billion in 2007 to $21 billion last year, according to Mexico’s Central Bank.
For the first time, according to U.S. census data, the growth
of the Hispanic population in the United States is being fueled more by births than by immigration. Hispanics remain by far
the fastest-growing group in the nation.
Reasons for the downturn in migration are both obvious and complex.
Surging violence in Mexico has made the journey
more perilous, and smugglers have increased their fees, now charging $3,000 for a quick hop from Mexicali.
Increased enforcement and tough new laws against illegal immigrants
in Arizona and Alabama are daunting, and some Mexicans are seeing better conditions at home.
But immigration experts say the No. 1 cause of the steep drop is
the U.S. economy, which dipped into a recession in 2008 and continues to see sluggish growth.
“The arrests on the border are moving like the U.S. economic
cycle,” said Juan Luis Ordaz, senior economist for the Bancomer Foundation. Ordaz and colleagues say Mexican and U.S.
data suggest that the number of Mexican migrants arriving each year in the United States has been cut in half since 2005 —
and that poverty rates for Mexican migrants living in the United States have grown to 30 percent from 22 percent in 2007.
Especially hard hit in the economic downturn
— and the busting of the real estate bubble — were the home-building and construction industries, which employ
an outsize number of illegal workers. “Migration has decreased because employment opportunities in the United States
are not good. Fewer migrants have full-time jobs. Hours are reduced. Wages are lower. The amount of money they send home is
less,” said German Vega of the College of the North in Tijuana. “And another reason is organized crime.”
Vega referred to the sensational news in Mexico
of mass graves filled with the bodies of migrants and wave of kidnappings and extortion of those trying to cross north.
An even more difficult trip
Many Mexicans say it has become much more difficult to cross
illegally into the United States. A group of men gathered on the sidewalk outside the shelter in Mexicali explained their
plan. They had a stack of Google Maps printouts showing the local topography, as well as the latest weather report. It called
for mist and low fog in the Imperial Valley, which the men said would help shield them from Border Patrol night-vision cameras.
They would also wear black clothing and pieces of sponge or carpeting on their feet to avoid leaving prints in the sand.
“Some of these men try three, four or five
times to get across, and then they give up,” Verdugo said. “It’s much harder now because of all the surveillance.”
According to Verdugo, most of the Mexican men
who come through the shelter now are deportees, not fresh arrivals from the south. With jobs, children and homes in the United
States, they talk about getting back in with single-minded determination.
Mexican officials, meanwhile, have seized on the lower numbers as evidence that life is better in
Mexico and that fewer citizens are seeking a life north of the border.
Foreign investment in Mexico is relatively strong, and the country has one of the healthiest economies
in Latin America. Inflation is under control. The exchange rate is stable. University and technical college enrollments are
up. Families are having fewer children.
At
least one man at the Mexicali shelter, Juan Carlos Vela, 28, said he had decided Mexicali was far enough for him.
He had found a job making $75 a week in a brick
factory, twice as much as the going wage for similar work down south in his home state of Durango, where he said there have
been so many drug cartel gun battles lately “I can’t let my daughters outside.”
“Mexicali seems pretty quiet; I like it here,” Vela
said. “Might as well forget about the American dream and get on with my life.”
Researcher Gabriela Martinez contributed to this report.
Obama Administration to Review All Deportation Cases, Apply DREAM Act-Style Criteria By Judson BergerPublished August
19, 2011| FoxNews.com
The Obama administration
announced Thursday that it would launch a case-by-case review of illegal immigrants slated for deportation, in a move that
could grant a reprieve to so-called DREAM Act beneficiaries and thousands of others.
The DREAM Act is a proposal in Congress to give illegal immigrants who came to the U.S. as
children a chance at legal status if they complete two years of college or military service. Though the bill has not passed,
supporters and critics alike suggested Thursday's announcement could serve to unilaterally carry out its provisions.
A spokeswoman with the Federation for American Immigration Reform
described the new policy as "blanket amnesty."
But Homeland Security Secretary Janet Napolitano said in a letter to Senate Democrats that it would "enhance public safety" by focusing deportation efforts
on those "who pose a threat."
Under the
plan, DHS and the Department of Justice will review all cases in removal proceedings as well as any new cases to make sure those who are deported meet the
kind of criteria established in a June 17 agency memo.
The
memo from Immigration and Customs Enforcement Director John Morton instructed staff to consider 19 factors when exercising
"prosecutorial discretion" -- or the discretion an ICE attorney has in deciding whether and how to pursue an immigration
case. The list includes factors similar to those in the DREAM Act, like whether someone arrived in the U.S. as a "young
child," is pursuing an education or has served in the military.
Thursday's announcement goes beyond the memo by establishing a process to flag and exempt certain illegal immigrants
from deportation. A team of attorneys and officials will be tasked with reviewing the more than 300,000 cases in the system.
An ICE memo obtained by FoxNews.com said the effort
would not provide "categorical relief for any group," but would try to prevent "low-priority" cases --
like those not involving convicted criminals -- from clogging the system.
Cecilia Munoz, White House director of intergovernmental affairs, wrote on the White House blog that the review would "clear out low-priority
cases on a case-by-case basis and make more room to deport people who have been convicted of crimes or pose a security risk"
-- while ensuring the low-priority cases are kept "out of the deportation pipeline in the first place."
Describing groups of people similar to those targeted in the
DREAM Act, she said the low-priority list would include "individuals such as young people who were brought to this country
as small children, and who know no other home," as well as "individuals such as military veterans and the spouses
of active-duty military personnel."
She said
that with more than 10 million people in the country illegally, the strategy is meant to focus limited resources on those
who pose the greatest risk.
House Democratic Leader
Nancy Pelosi and Senate Democratic Leader Harry Reid praised the decision.
"This
new DHS directive will help prioritize our limited enforcement resources to focus on serious felons, gang members and individuals
who are a national security threat rather than college students and veterans who have risked their lives for our country,"
Reid said in a statement. "I am especially pleased about the impact these new policies will have on those who would benefit
from the DREAM Act. ... We lose a lot by sending them back to countries they do not know."
Reid said Congress should still pass immigration reform legislation.
Napolitano also stressed in her letter that the new process "will
not alleviate the need for passage of the DREAM Act or for larger reforms."
But FAIR described the announcement as a complete overhaul of immigration law without approval
by Congress.
"Having failed in the legislative
process, the Obama administration has simply decided to usurp Congress's constitutional authority and implement an amnesty
program for millions of illegal aliens," FAIR President Dan Stein said. "This step by the White House amounts to
a complete abrogation of the president's duty to enforce the laws of the land and a huge breach of the public trust. ... In
essence, the administration has declared that U.S. immigration is now virtually unlimited to anyone willing to try to enter
-- and only those who commit violent felonies after arrival are subject to enforcement."
DREAM Act Gets Senate Hearing
The Senate Judiciary Subcommittee on Immigration, Refugees and Border Security held a hearing on the DREAM Act amnesty
bill (S.952) last week. (Politico, June 28, 2011) The hearing, chaired by the Act’s sponsor Sen. Dick
Durbin (D-IL), took place before a hearing room stacked full of illegal aliens bused in by the open-borders lobby. (See
FAIR’s Stein Report, June 29, 2011) “When I look around this room, I see America’s future,
our doctors, our teachers, our nurses, our engineers, our scientists, our soldiers, our congressmen, our senators, and maybe
our president,” Durbin recited in his opening statement. Sen. Durbin even asked seven illegal alien students who would
qualify for amnesty under the bill to stand and be recognized for their achievements.
Subcommittee ranking member John Cornyn (R-TX) criticized some of the legislation’s
major flaws in his opening statement, revealing that the DREAM Act is not tailored to the narrow class of high school valedictorians,
Junior ROTC members, and college honor students that Sen. Durbin and the pro-amnesty lobby claim the legislation is designed
to benefit. (See FAIR Legislative Update, May 16, 2011) “Under this version of the DREAM Act, a 35-year-old illegal
immigrant with only two years of post-high school education would be eligible for a green card, regardless of whether they
ever earn a degree,” he asserted. Sen. Cornyn also highlighted that under the bill, a 35-year-old illegal immigrant
who has been convicted of two misdemeanors, regardless of how serious, would be eligible for a green card. In many states,
misdemeanors include “driving under the influence of alcohol, drug possession, burglary, theft, assault, and many other
serious crimes,” he said.
Following
opening statements, several key Obama Administration cabinet members testified in support of the bill. Calling the DREAM Act
a “priority for [the] administration,” Homeland Security Secretary Janet Napolitano, the head of the agency charged
with enforcing U.S. immigration law, testified: “The DREAM Act should be seen in the broader context of this administration’s
comprehensive approach to border security and to immigration enforcement…Over the past two years, our approach has
focused on identifying criminal aliens and those who pose the greatest security and public safety threats to our communities…The
DREAM Act supports these important priorities because only young people who are poised to contribute to our country and have
met strict requirements regarding moral character and criminal history would be eligible.”
Education Secretary Arne Duncan also testified before the Subcommittee.
“By creating opportunities for these bright and talented youth to attend college, they will contribute much, much more
than they ever could as struggling workers moving from one under-the-table job to another…With a college education,
they can fill important jobs in fields today facing critical shortages, such as engineers and nurses and teachers.”
However, Steve Camarota, Director of Research at the Center for Immigration Studies (CIS) who also testified before the Subcommittee,
disagreed with Secretary Duncan’s testimony. “Census Bureau data show that the income gained for having some college,
but no degree of any kind, is quite modest, so the resulting gain in tax revenue will be small….”
The hearing comes on the heels of Director Morton’s
policy memo authorizing ICE Field Office Directors, Special Agents in Charge, and all Chief Counsel to refrain from enforcing
U.S. immigration law against individuals who meet the requirements for amnesty under the DREAM Act. (See FAIR Legislative Update, June 27, 2011; see also Memo from John Morton to ICE personnel, June 17, 2011) Sen. Chuck Grassley (R-IA) used the Q & A portion of the
hearing to question Secretary Napolitano about the memo, asking, “Does this change in course reflect an administrative
bypass of Congress?” Napolitano responded, “No, it doesn’t bypass Congress at all. It recognizes that we
have sworn to uphold the existing immigration law, which we will, but we are in essence in many respects a prosecution office,
and prosecution offices have priorities.”
Despite Napolitano’s denial, the Morton memo is a clear indication that the Administration is trying to achieve
administratively, what it could not legislatively. The Senate rejected the DREAM Act last session 55-41 (the vote was on a cloture motion to end debate on the bill, a motion that
requires 60 votes to pass). (See FAIR Legislative Update, Dec. 20, 2010) The legislation was first introduced in 2001, and although re-introduced
every session since then, has been continually rejected by Congress. Now, with a Republican majority in the House, even the
pro-amnesty lobby recognizes there is little chance of passing the DREAM Act this legislative session. “Does it look
like we have a good chance in this Congress with [House Judiciary Chairman] Lamar Smith driving the message for Republicans?
No, it looks pretty grim indeed,” said Frank Sharry, Executive Director of America’s Voice. (Roll Call,
June 30, 2011)
Joined by Sen. Lindsey Graham in support of Joe Wilson
during the “You Lie!” controversy.
“grant recipients will not check the immigration status of people seeking services. ‘Health
centers do not, as a matter of routine practice, ask about or collect data on citizenship or other matters not related to
the treatment needs of the patients seeking health services at the center,’ Further, the grant recipients are ‘required
to serve all residents’ who walk through their doors”.