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Immigration

Anti-Immigration Groups Refuse To Condemn Heritage Author’s Racism

John Tanton

When the Heritage Foundation released its report claiming that the new immigration legislation – erroneously called amnesty in the report – would cost taxpayers $6.3 trillion, they probably didn’t expect it to go over as poorly as it did.

Not only did conservative politicians, think tanks, and economists (not to mention progressives) fight back against the “data” in the report, it also came to light that the report’s author Jason Richwine previously insisted that non-white immigrants, particularly Latinos, have a genetically lower IQ than their white counterparts. Such blatant support for a racism-based argument against immigration chased away most remaining champions of the Heritage-Richwine report. The backlash was so intense that Richwine “resigned “ his position from the conservative think tank.

And yet, the John Tanton Network of anti-immigrant organizations has not condemned Richwine who appears to be an old school eugenicist. The three main organizations associated with Tanton – NumbersUSA, Federation for American Immigration Reform (FAIR), and Center for Immigration Studies (CIS) – all include as part of their mission statements the assertion that they are pro-immigrant or supportive of legal immigrants. Based on their collective reaction to Richwine, however, this claim is categorically untrue.

Since Richwine’s resignation, NumbersUSA has maintained its blog posts on the Heritage report, has left up tweets supporting and promoting it, and has not spoken out against Richwine or the ideals he holds.

NumbersUSA insists that it supports immigration and immigrants but is against illegal immigration. That position is suspect given founder and president Roy Beck’s history of work with white nationalist publications like The Social Contract and VDARE. It seems like condemning Richwine’s IQ argument would be a good way to prove that the organization is not, in fact, anti-immigrant.

It appears as though the Federation for American Immigration Reform’s original post about the report on FAIRus.org has been scrubbed down to simply say “Heritage Foundation: Amnesty to cost taxpayers $6.3 trillion!” One can assume that the original url did not display a page so bereft of language, graphics, or any opinion whatsoever.

FAIR has not commented on Richwine’s history of writing anti-Latino policy prescriptions, even though its website insists that “FAIR believes America can and must have an immigration policy that is nondiscriminatory.” FAIR’s post on Facebook is still up and circulating among its supporters and their initial tweet promoting the report is still live.

Center for Immigration Studies’ (CIS) president Mark Krikorian tweeted links to the Heritage report and CIS retweeted him, but other than this small Twitter effort the organization was silent on the report and the subsequent controversy. Krikorian is a frequent contributor to National Review Online but while he has not come out in support of or against Heritage or Richwine, his colleague (and former McCain campaign staffer) economist Douglas Holtz-Eakin did write a takedown of the Heritage report at NRO.

CIS bills itself as “low-immigration, pro-immigrant” but still doesn’t see itself as pro-immigrant enough to officially state that it is repugnant to say that immigrants are genetically inferior to white Americans.

If these organizations are truly pro-immigrant, they must speak out against Richwine’s assertions. Not doing so is an implicit endorsement of those sentiments.

Our guest blogger is Melinda Warner, a Senior Advisor with Fernandez Advisors where she directs their research initiatives.

Immigration

Major Anti-Immigrant Organizations Have Ties To Racist Pseudoscience

John Tanton

The newest study meant to discredit immigration reform was revealed on Wednesday to be co-authored by a man who believes that Latinos have inherently lower IQs and therefore should not be allowed to be United States citizens.

Eugenics — the idea that a race of people is somehow genetically inferior to another — has been rejected as racist pseudoscience, and virtually no mainstream organization in the United States would attach its name to the theory. But it turns out that the Heritage Foundation isn’t the only anti-immigration reform group that is tied to eugenics. In fact, each of the major anti-immigration organizations has ties to one man, a major purveyor of eugenics theory, who has bankrolled major anti-immigration efforts.

John Tanton is responsible for creating a network of anti-immigrant organizations, including Federation for American Immigration Reform (FAIR), the Center for Immigration Studies (CIS), and Numbers USA.

Tanton is a strict a nativist who once wrote a paper titled “The Case for Passive Eugenics.” He has openly professed his preference for white people, and once said, “I’ve come to the point of view that for European-American society and culture to persist requires a European-American majority, and a clear one at that.” Later in his life, Tanton tried to start an organization called the Society for Genetic Education.

He is also close with Roy Beck, the man who currently runs Numbers USA. Beck and Tanton worked together on a journal named “The Social Contract Press,” which frequently runs articles by white supremacists. Quotes from the material published in The Social Contract include, “The ethnic identity that is emerging among Hispanic immigrants … [is] a militant and all-encompassing identity that excludes and conflicts with traditional American allegiances, institutions, and values and explicitly identifies whites as a racially alien enemy, an oppressor, whose institutions are to be taken over and whose race is to be expelled from territories that whites stole in the Mexican-American War,” and ” We are infested with an alien force that seeks, Borg-like, to assimilate us to their totalitarian system of religion and society.”

Update

An earlier version of this story said that Tanton is the founder of a group called the Pioneer Fund. He is not, though the organizations he is associated with receive money from the group.

Immigration

Meet The Alarmists Who Will Try To Derail Immigration Reform

Economists, of all political persuasions, see immigration reform as a benefit for the economy and government budgets. Bringing undocumented workers from the economic sidelines into the mainstream carries economic pluses all around—robust economic growth, better pay and working conditions, more taxpayers sharing the burden, a population of innovators and entrepreneurs, and less wasteful government spending on the current, unworkable, immigration regime.

That hasn’t stopped die-hard opponents of immigration reform from issuing a slew of reports making extraordinary claims to the contrary. These reports use every trick in the book to maximize the claimed costs of immigration, and minimize its benefits. In 2006 and 2007, the last times that Congress debated immigration reform, some studies tried to argue that reform would be too costly for America—even though the non-partisan Congressional Budget Office estimated that passing the 2007 reform bill would bring in more than twice as much revenue as additional benefits paid out.

As the immigration debate heats up, we expect these same opponents of reform  to sound false alarms about immigration reform’s fiscal impact. Here are four alarmists Congress (and the media) should turn a deaf ear to:

1. Robert Rector, Heritage Foundation:

In the midst of the 2007 immigration reform debates, Rector published a study claiming that passing reform would cost the U.S. at least $2.6 trillion. The study was deceptively simple: Rector estimated that the bulk of the legalized population would at some point turn age 67 and retire, and have a net fiscal cost to the government of roughly $17,000 per year.

But Rector only considered costs after retirement, not any of the tax contributions these immigrants made over their lifetime. And he failed to acknowledge the fact that on average all retirees (immigrant and native born alike) use more in services than they pay in taxes. Rector’s barebones analysis attempted to characterize immigrants as an excessive drain on the public’s purse by ignoring the fact that on average immigrants who naturalize receive less in social security benefits than native born recipients of social security.

Outlandish claims are Rector’s forte. Take for example his claim, in 2006, that passing immigration reform could increase the number of new immigrants in the U.S. by 200 million people over twenty years, roughly 25 percent more people than in all of Central America and almost twice the population of Mexico alone.

2. Steve Camarota, Center for Immigration Studies:

Camarota has been arguing for years that immigrants—particularly Hispanic immigrants—use more in social services than any other group. However, he gets to these conclusions through arbitrary methodological choices.

In theory, his study should compare immigrants with the native born. In practice, however, he looks at only a fraction of each population, namely households with children, excluding households that do not have kids. Since immigrants have higher birth rates than native born, Camarota’s method likely captures a larger share of immigrants utilizing social service than it does for the native born.

Equally deceiving is the fact that he does not include basic controls in his analysis. When comparing welfare use—which he sees as an indicator of “immigrants’ adaptation to life in the United States”—he fails to control for differences in household wealth between native and newcomer. A more appropriate comparison would be to see if immigrant households use social programs differently than their native-born peers at a similar income level.

Not surprisingly, the differences between the share of native born and the foreign born households using social services disappear when you take into account income level and compare all households, not simply those with children. And evidence shows that today’s immigrants—including Hispanics—are integrating at similar rates to previous waves of newcomers.

3. Jack Martin and Eric Ruark, Federation for American Immigration Reform:

Martin and Ruark have been claiming for years that undocumented immigrants represent a large fiscal burden on the United States, going as far to estimate the annual net cost of these immigrants at $113 Billion. But like the studies above, this report is also premised on faulty methodology.

First and foremost they inflate the number of unauthorized immigrants in the U.S., and thus inflate the overall fiscal impact. Despite the widely accepted estimates of the undocumented population being 11.2 million in 2010 (the year of their study,) Martin and Ruark claim that there were actually 16 million undocumented immigrants living in the U.S. They arrive at this estimate in large part by including the native-born U.S. citizen children of the undocumented in their calculations.  And because these children are eligible for public benefits, it substantially increases the size of the “fiscal burden” of the immigrant group. But these child-related “costs”—including public education and grants for attending college—are the same investments that Americans make in all children, investments that will be paid off when these children graduate from school, enter the workforce, and pay taxes.

Similarly, the authors include a laundry list of other “costs” to the American taxpayer that are not specifically or only related to the undocumented population:

  • They include the entire budget of Immigration and Customs Enforcement (A quick note of the word “Customs” in Immigration and Customs Enforcement should inform the reader that the agency has other functions.)
  • They include the entire cost of the immigration court system, which also reviews things like claims for asylum.
  • And as an example of just how sweepingly they define “costs”, they include a federal grant for state and local law enforcement efforts aimed at cracking down on activities such as drunk driving, in their fiscal impact of the undocumented.

Most importantly, even if you accept the faulty premise that these “services” are in fact costs, they are only costly because we have 11 million individuals living in the United States without legal status. Passing an immigration reform plan with a roadmap to citizenship would not only legalize the population and remove these costs, but would add a cumulative $1.5 Trillion to the U.S. GDP over a decade, and up to $5.4 Billion in new tax revenue in the first 3 years alone.

Sadly, in 2006 and 2007 these flawed studies circulated around the policy debates. But while it is almost certain that these scholars will use the same methodological gimmicks in the coming months, in the hopes of derailing common sense immigration reform, Congress, the media, and the American public are under no obligation to listen.

Philip Wolgin is a Senior Policy Analyst on the CAP Immigration Policy team, and Patrick Oakford is a Research Assistant in the Economic Policy department.

Security

Alleged Gunman’s Manifesto Echoes Anti-Immigrant Groups’ Malthusian Screed

James Jay Lee

James Jay Lee

This afternoon, a gunman entered the Discovery Communications building in Silver Spring, MD and appears to have taken at least one person hostage. Among his various bizarre, eco-related demands, one relates directly to immigration. The alleged hostage-taker, James Jay Lee, calls for the elimination of “anchor baby filth” and “immigration pollution”:

Programs must be developed to find solutions to stopping ALL immigration pollution and the anchor baby filth that follows that. Find solutions to stopping it. Call for people in the world to develop solutions to stop it completely and permanently. Find solutions FOR these countries so they stop sending their breeding populations to the US and the world to seek jobs and therefore breed more unwanted pollution babies. FIND SOLUTIONS FOR THEM TO STOP THEIR HUMAN GROWTH AND THE EXPORTATION OF THAT DISGUSTING FILTH! (The first world is feeding the population growth of the Third World and those human families are going to where the food is! They must stop procreating new humans looking for nonexistant jobs!)

Lee’s immigration screed bears a troubling resemblance to views and policies espoused by anti-immigrant groups such as NumbersUSA, the Center for Immigration Studies (CIS), the Federation for American Immigration Reform (FAIR), Progressives for Immigration Reform, and others. Just this past month, FAIR released “The Environmentalist’s Guide to a Sensible Immigration Policy.” The report connects immigration to “pollution, sprawl, congestion, and ecological degradation,” complaining that “so-called environmentalists pretend as if this connection does not exist.” As usual, FAIR prescribes an overall reduction in immigration as the solution to the country’s environmental woes (in slightly more diplomatic terms).

Last month, The Nation published a story explaining the history behind the “greenwashing” of “nativism”:

Population stabilization has been taboo for progressive greens since the late 1970s. But anti-immigrationists like FAIR founder John Tanton, a former Sierra Club activist, cut their teeth on the overpopulation anxiety that permeated the environmental movement earlier in that decade. Subsequently, they used the Malthusian lingo of resource scarcity, carrying capacity (the maximum population an environment can sustain indefinitely) and overshoot (when a population exceeds its carrying capacity) to launder the image of the white nationalists with whom they became allies. When climate change became a public issue, it gave fresh impetus to what population specialist Betsy Hartmann has called the “greening of hate.”

CIS and other FAIR spinoffs like NumbersUSA and Population-Environment Balance, along with the sympathetic Carrying Capacity Network, have all touted immigration as the chief reason for the rise in greenhouse gas emissions—as low-carbon immigrants adopted the high-carbon lifestyles of the rich countries to which they had moved.

It’s not a coincidence that many of these are amongst the same groups that have always supported changing the 14th amendment to deny “anchor babies,” or the American-born children of undocumented immigrants, citizenship — long before the debate entered the political mainstream this summer. FAIR’s legal arm, the Immigration Reform Law Institute (IRLI) is also responsible for authoring Arizona’s recently passed immigration law.

Studies by “so-called environmentalists” actually show that “immigrants, in essence, are doing precisely what planners want the rest of us to do.” UCLA professor Ali Modarres recently found that, compared to Americans, more immigrants walk, bike, bus, or metro to work and fewer drive cars in the state of California.

Security

REPORT: Following Passage Of Arizona Law, At Least Seven States Contemplate Anti-Immigrant Legislation

When President Obama condemned Arizona’s draconian and potentially unconstitutional immigration law last Friday, he predicted that “if we continue to fail to act [on immigration] at a federal level, we will continue to see misguided efforts to open up across the country.” Indeed, it’s already happening.

Last week, Wonk Room reported on the involvement of the Immigration Reform Law Institute (IRLI) — the legal arm of a designated nativist-extremist hate group — in drafting Arizona’s controversial immigration law. IRLI lawyer Michael Hethmon boasting about being “approached by lawmakers from four other states who have asked for advice on how they can do the same thing.” In the aftermath of the passage of Arizona’s law, many states and localities across the country are in fact in the middle of or about to embark on copy cat pieces of legislation:


STATE BILL STATUS
Utah Require immigrants to carry proof of status, require law enforcement officers to question anyone they believe is in the country illegally, and target employers who hire or transport undocumented immigrants. Legislation still has to be drafted, but Rep. Stephen Sandstorm (R) claims he “has the support to do it.”
Georgia Nathan Deal (R), who is running for Governor, wants to propose legislation that mirrors Arizona’s. Tentatively pending Deal’s election.
Colorado Today, Colorado gubernatorial candidate Scott McInnis (R) said that if he were governor, he would seek to pass something “very similar” to what Arizona enacted. Tentatively pending McInnis’ election.
Maryland State Delegate Pat McDonough (R) “plans to start sending a survey to every candidate for the General Assembly — along with the candidates for governor — asking them whether they agree with Arizona’s approach.” McDounough’s survey will start being circulated this week as he hopes to “know who is in favor of the Arizona bill and who is not” by this summer.
Ohio Butler County Sheriff Rick Jones and Ohio Rep. Courtney Combs (R) sent a letter to Gov. Ted Strickland asking him “to employ” his “leadership role” “to assure legislation is passed that will mirror” Arizona’s. Strickland’s press person says he “hasn’t had an opportunity to review Arizona law” and is concerned it might be unconstitutional.
North Carolina Local anti-immigrant groups claim that lawmakers have told them that “the chances similar legislation will be filed here is over 95%.” The same groups also concede that such legislation wouldn’t “get far” in their state.
Texas Republican state Rep. Debbie Riddle of Tomball says she plans to push for a law similar to Arizona’s. Riddle says she will introduce the measure in the January legislative session.
Texas Farmers Branch, a Dallas suburb of 30,000 people, passed an ordinance written by IRLI lawyer Kris Kobach which would prevent landlords from renting houses or apartments to undocumented immigrants. Last month, a U.S. District judge ruled the ordinance unconstitutional. IRLI is helping Farmers Branch repeal the District judge decision.
Missouri The state legislature is considering a law, likely written by Kobach, that would make it unlawful for any person to conceal, harbor, transport, or shelter “illegal aliens” and would also make it a crime for undocumented immigrants to transport themselves. The bill has been referred to the Missouri House International Trade and Immigration Committee.
Oklahoma Restrict the ability of undocumented immigrants to obtain IDs or public assistance, give police authority to check the status of anyone arrested, and make it a felony to knowingly provide shelter, transportation or employment to the undocumented. After IRLI filed an amicus brief in the Tenth Circuit Court of Appeals in support of HB 1804, the court refused to reconsider its decision that prohibits Oklahoma from enforcing two of the main parts of HB 1804.
Nebraska Residents in Fremont Nebraska likely will vote in July on a proposed ordinance to ban the “harboring,” hiring and renting to undocumented immigrants. Last Friday, the Nebraska Supreme Court upheld a lower court’s ruling that there was no authority to stop an election on the ordinance following a petition filed by Kobach.

The more controversial and problematic a law is, the more IRLI lawyers stand to make if they’re involved. Since September 2006, Farmer’s Branch has spent $3.2 million on the legal fight and may have to spend an additional $1.13 million. In Arizona, IRLI lawyer Kris Kobach makes about $300 per hour to train Sheriff Joe Arpaio’s officers in immigration matters. Kobach has kept busy because Arpaio is currently the subject of a racial profiling investigation by the Department of Justice and has 2,700 lawsuits sitting on his desk as a result of his immigration policing tactics.

Arizona might be their biggest profit-making venture yet considering the fact that civil rights activists are confident the new law will make it to the Supreme Court and there is even talk of the federal government suing the state of Arizona. However, IRLI’s gain is Arizona’s loss. Not only will Arizona’s legislation cost the state in terms of litigation fees, if the law succeeds in reaching its goal of ridding the state of undocumented immigrants, it’s estimated that Arizona will lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs.

Security

The Group Behind The Harshest Immigration Bill In America

IMMIGRANT TUITIONAs Gov. Jan Brewer (R-AZ) mulls over whether she will sign or veto a bill, SB-1070, recently passed by the Arizona legislature that would set up some of the most draconian immigration laws in the country, other states are already “watching to see whether they should follow in the state’s footsteps or stand back.” Michael Hethmon, general counsel for the Immigration Reform Law Institute (IRLI) — which helped draft the language of SB-1070 — has stated that he has been “approached by lawmakers from four other states who have asked for advice on how they can do the same thing.” Hethmon boasts that “what’s happening in Arizona just didn’t pop out of nowhere. It’s the latest step in a fairly deliberate process.” Hethmon’s troubling remarks beg the question of who is behind an organization that is strategically working on developing costly and ineffective policies that empower states and localities to take immigration law into their own hands.

IRLI is the legal arm of the Federation for American Immigration Immigration Reform (FAIR), an anti-immigrant group that has most recently been designated a hate group by the Southern Poverty Law Center. The Immigration Reform Law Institute calls itself, “America’s only public interest law organization working exclusively to protect the legal rights, privileges, and property of U.S. citizens and their communities from injuries and damages caused by unlawful immigration.” However, the Center for New Community (CNC), has another take on what IRLI stands for. According to CNC, IRLI’s “primary purpose is to push legal causes that unfairly target immigrant communities.”

In a nutshell, the IRLI has been behind most, if not every, local legislative immigration crackdown over the past few years. IRLI has taken part in a class action suit against California educators for allowing immigrant students to attend school. They have been behind a series of initiatives to prohibit members of local communities from renting to undocumented immigrants and sued Secretary Michael Chertoff and the Department of Homeland Security (DHS), despite his aggressive workplace raids. In California, the Immigration Reform Law Institute has also aligned itself with a state ballot initiative aimed at overturning the 14th Amendment citizenship requirements and ending pre-natal and non-emergency care and child welfare checks that benefit the U.S. citizen children of undocumented immigrants. IRLI lawyer Kris Kobach makes about $300 per hour to train Sheriff Joe Arpaio’s officers in immigration matters. Kobach is kept busy considering Arpaio is currently the subject of a racial profiling investigation by the Department of Justice and has 2,700 lawsuits sitting on his desk as a result of his immigration policing tactics. A recent documentary investigated the role IRLI played in an anti-immigrant ordinance proposed in Prince William County:

IRLI may identify itself as a “public interest law firm,” but its efforts come with a serious price tag. The National Employment Law Project has shown that “ill-conceived immigration ‘enforcement only’ approaches” carry “grave economic risks.”

  • In 2006, the State of Colorado passed a series of bills meant to deny public services to undocumented immigrants, create a new penalty for use of fraudulent documents, enroll all state departments in the federal Basic Pilot program, and require state police to enforce immigration laws. One year later, eighteen state departments had spent a total of $2.03 million on implementation of the new laws and identified zero undocumented immigrants.
  • In Riverside, New Jersey, a town of 8,000 spent $82,000 in legal fees defending its restrictive immigration ordinance which penalized anyone who employed or rented to an undocumented immigrant.
  • Currently, IRLI is helping Farmers Branch, a small town of 30,000 people in Texas, repeal a federal district judge decision which deemed the town’s rental ban ordinance unconstitutional. Since September 2006, the town has spent $3.2 million on the legal fight and may have to spend an additional $623,000 this year.
  • Prince William County supervisors ultimately decided against moving forward with the police enforcement of the immigration law after they found that the price tag would be a minimum of $14 million for five years.
  • Though the Arizona law is poised to pass, IRLI stands to profit even more from the legislation once it becomes the law of the land. The ACLU has stated, in unequivocal terms, that SB-1070 is downright unconstitutional in that it exacerbates racial profiling and violates the constitution’s Supremacy Clause. If Arizona’s law really is the “leading edge” as Hethmon suggests, IRLI will continue to benefit from the exploitation of the nation’s broken immigration system and the insecurity and fears that come with it.

    Climate Progress

    Anti-Immigrant Front Group Launches Ad Campaign Claiming Reduced Immigration Will ‘Save The Earth’

    A group whose entire mission is built on the notion that immigrants are contributing to global climate change, Californians for Population Stabilization (CAPS), has released two new ads which claim that “saving the earth in California starts with reduced immigration.” According to CAPS’ logic, “immigration and births to immigrants” lead to unsustainable population growth which leads to global warming and is amplified by the fact that immigrants’ energy use quickly becomes “Americanized” when they move to the US.

    The television ad informs Californians that they have some “tough decisions to make” about immigration and global warming:

    “Concerned about Americans’ huge carbon foot print? Then you should be concerned about immigration… Reducing immigration won’t solve global warming, but it is part of the solution. We’ve got some tough choices to make.

    Watch it:

    The corresponding radio ad tells Californians that they have to face an “inconvenient truth” about immigration and climate change:

    “The inconvenient truth is that population growth and environmental degradation go hand in hand…by 2050 our population will reach 60 million — driven almost entirely by immigration and immigrant births. And when immigrants come to California, their carbon footprint quadruples what it was…So if we’re going to do our share to save the earth, our immigration levels must be reduced. That’s a tough pill for compassionate Californians to swallow, but swallow it we must.

    Listen:

    A CAPS press release indicates that the ads are based on the shoddy research presented by the Center for Immigration Studies (CIS), a group which has been described as having “never found any aspect of immigration it likes.” According to the Southern Poverty Law Center and Center for New Community, both groups were founded and funded by John Tanton — a man with “troubling associations with racists, white supremacists, and political extremists.” Other “Tanton network” organizations have parroted similar claims, including NumbersUSA, Progressives for Immigration Reform, and the hate group Federation for American Immigration Reform which recently launched a new social networking website, fairdebate.org, aimed at “furthering the debate” on “US overpopulation and the role that immigration plays.”

    All of Tanton’s organizations are fixated on scapegoating immigrants and sidestep the fact that the central problem has more to do with US consumption patterns. Rather than asking Americans to get rid of their gas guzzling automobiles, CAPS suggests getting rid of immigrants. However, energy consumption is driven by a host of factors totally unrelated to population size, such as societal dependence on polluting and non-renewable fossil fuels; utilization of energy-efficient technologies; and the development of mass transit systems that minimize individual automobile use. That explains why the World Resources Institute found that though the US is home to 23% fewer people than the European nations of the EU-15, it still produces 70% more greenhouse gases.

    Ultimately, CAPS is essentially suggesting that the world would be better off if immigrants stayed poor in their less consuming, less industrialized countries. Based on this logic, illegal immigration isn’t the problem, increased wealth and international development are. However, quite the contrary, “immigrants, in essence, are doing precisely what planners want the rest of us to do,” says to UCLA professor Ali Modarres who recently found that, compared to Americans, more immigrants walk, bike, bus, or metro to work and fewer drive cars in the state of California. While CAPS and others blame immigrants for everything from traffic jams to depleting aquifers, Mordares suggests that, “immigrants are greening our cities, how about giving them a break?”

    Security

    Sheriff Joe Arpaio Mistakes Hate Group’s Legal Analysis For Law When Defending Racial Profiling

    Last week, Arizona Sheriff Joe Arpaio cited a federal law which allows him to determine if someone is an “illegal” based on their clothing, speech, and conduct. However, Matt Bunk of the Arizona Capitol Times points out that no such language exists in any federal immigration law and that the document that Arpaio continuously referenced and passed out at a press conference is actually a legal analysis published by a designated hate group, the Federation for American Immigration Reform (FAIR).

    The Department of Justice (DOJ) is conducting an investigation into allegations of racial profiling and civil rights abuses on behalf of Arpaio’s deputies who have been empowered to enforce immigration law on the streets of Maricopa County by virtue of the 287(g) agreement they have with federal immigration authorities. When the Department of Homeland Security handed Arpaio a new contract that will only allow his agency to check the immigration status of jail inmates, Arpaio defiantly pledged to continue going after immigrants just as he’s always done and cited a federal law which he claimed justified the controversial tactics his deputies employ.

    But Bunk was puzzled when Arpaio passed out a copy of Section 8, USC 1324 which stated that “evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens” should help officers determine whether a person is in the country illegally. However, there isn’t any citation of that text in the actual US federal code. The language Arpaio cites is present in a document posted by a hate group which explicitly warns that it is only an analysis of federal law and should not be used as a substitute for legal advice.

    Arpaio initially told Bunk that the document he disseminated was an actual copy of US code which the Immigration and Customs Enforcement agency had confirmed as valid. When pressed, Arpaio admitted that the document might not be part of federal law. Nonetheless, he insisted that it doesn’t make a difference whether the text he cites is law or analysis:

    I thought it was a law. I don’t know what you call it. I still think there’s a federal law out there that gives me the authority to do this, I might not have the right one, but there is one out there. When they [ICE] won’t take them, I’ll take them to Border Patrol. So let’s see what happens now. How can you tell Border Patrol that you can’t take them? If mine are illegal and they don’t take them, are they going to take the other ones that they find?”

    Arpaio still believes there’s a law somewhere out there that allows him to “detain an individual for a brief warrantless interrogation.” His next immigrant “crime sweep” is scheduled for later this week.

    Security

    The Nativists Behind The Man Who Called Obama A Liar

    90307330WM053_PRESIDENT_ADDRep. Joe Wilson (R-SC) has received a lot of attention for calling President Obama a liar last night when he asserted that undocumented immigrants will not benefit from health care reform. Most commentators and politicians have denounced Wilson’s unruly behavior, though not enough have bothered to highlight the inherent fallacy of his accusations. Undocumented immigrants are in fact explicitly barred from receiving any health care benefits under both the House and Senate bills and a closer look at all those who restlessly suggest otherwise sheds some light on the radical nativist underpinnings of their anti-health care reform crusade.

    To begin with, Wilson is a member of the Southern heritage group, Sons of Confederate Veterans, which favors secession and defends slavery is stock full of white supremecists and right-wing extremists. Crooks and Liars further reports that, as a state legislator, Wilson went against his own party and voted with seven lone right-wingers to keep the Dixie Rebel flag flying over the South Carolina state capitol building.

    As a federal lawmaker, Wilson became a member of the House Immigration Reform Caucus (HIRC), a group of (mostly Republican) representatives founded by former Rep. Tom Tancredo (R-CO) with the mission of stopping “the explosive growth in illegal immigration,” “reversing the growth in legal immigration,” and halting “amnesties.” Other notoriously anti-immigrant members of HIRC include Steve King (R-IA), who described immigration as a “slow-motion Holocaust,” and Lamar Smith (R-TX), who equates undocumented immigrants with “terrorist weapons.” HIRC members Rep. Michele Bachmann (R-MN), Rep. Paul Broun (R-GA), Rep. Todd Akin (R-MO), and King all proclaimed that undocumented immigrants would receive health care benefits long before Wilson’s outburst. The two Republican representatives, Rep. Nathan Deal (R-GA) and Rep. Dean Heller (R-NV), who proposed amendments to the House health care bill that would’ve added stringent citizenship verification mechanisms are active members of the HIRC as well. Heller and Deal also lead the fight to overturn the 14th Amendment and end the policy of automatically granting anyone who is born in the country US citizenship.

    Wilson’s reaction last night was certainly out of line, but his indefensible fit of temper was illustrative of a larger discussion taking place amongst HIRC members and anti-immigrant groups who see the health care debate as yet another opportunity to promote their nativist agenda by advancing illogical fears, misplaced anger, and calculated misinformation. HIRC is now headed by Brian Bilbray (R-CA) — a former lobbyist for the anti-immigrant hate group, Federation for American Immigration Reform (FAIR). The Center for New Community reports that FAIR paid him almost $300,000 for work on its behalf between May 2002 and July 2005. Since then, Bilbray has announced his intentions to “work closely” with groups such as FAIR and the Center for Immigration Studies (CIS), another “FAIR spin-off group” that has been identified as part of the “nativist lobby.” It comes as no surprise that HIRC’s health care reform haters have regularly relied on the shoddy “expertise” of FAIR, CIS, and their sister-group, NumbersUSA, to promote the myth that undocumented immigrants will be covered under the bill. Another anti-immigrant group, Americans for Legal Immigration (ALIPAC), has gone as far to call Wilson a “brave Congressmen” for calling Obama out on his “lie” and have advised their membership to personally thank him.

    Wilson has co-sponsored several pieces of English-only legislation and supported efforts to report undocumented immigrants who seek emergency medical care. In 2006, he declared “it is time to curtail the invasion of illegal aliens.”

    View this post en Español.

    Security

    Anti-Immigrant Hate Group Director Dan Stein Thinks ‘Illegal Aliens’ Will Receive Health Care

    Yesterday, Dan Stein, Executive Director of the Federation for American Immigration Reform (FAIR) — an anti-immigrant designated hate group — appeared on MSNBC’s Dr. Nancy claiming that his years of experience tell him that “illegal aliens” will receive coverage if health care reform passes:

    STEIN: Well, I’ve been working this issue for almost thirty years. The way H.R. 3200 is drafted, this is the way it’s drafted: illegal aliens can qualify for the public plan. And the Congressional Hispanic Caucus is pushing to retain that language. And for the affordability credits for the subsidy, if one member of the family is here legally, then the entire family can qualify. And most importantly, there’s no way to verify that eligibility standard. So, the bottom line is, based on all these years of watching and experience at FAIR, we know illegal aliens under this bill will get health care.

    Watch it:

    You’d think thirty years of experience would’ve taught Stein that undocumented and legal immigrants alike rarely qualify for public benefits and health care reform doesn’t look like it’s going to be any exception. If Stein had actually done his research and read the drafted health care reform legislation, he would’ve noticed that Sec. 242 and 246 explicitly state that only individuals who are lawfully present in US will receive any of the benefits provided in the bill. That language also applies to affordability credits, meaning that only family members who are “affordable credit eligible individuals” will receive government assistance and “affordable credit eligible individuals” are defined as someone who is lawfully present in the US. Even the Congressional Hispanic Caucus — which Stein cites as pressing for inclusion of the undocumented — has issued a statement supporting coverage only for “legal, law abiding” immigrants who pay their “fair share.” In fact, the bill “severely restricts” health care benefits even for legal immigrants.

    Ultimately, Stein has his own agenda and it has little do with health care. Today, the Washington Independent reports:

    As the heat gets turned up on the health care reform debate, anti-immigrant activists are using the issue to whip up fear and anger toward immigrants, portraying them as a costly and burdensome drain on any taxpayer-supported U.S. health care system. Angry questions about illegal immigrants getting health care at town hall meetings across the country have put many lawmakers on the defensive…The protesters are spurred on in large part by immigration restrictionist groups who are using the health care debate to spread fears about immigrants.”

    Anti-immigrant rhetoric aside, Executive Director of Voto Latino Maria Teresa Kumar — who appeared on the same segment opposite of Stein — also pointed out that the more people who are included in any health insurance plan, the more costs for everyone involved go down.

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