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Immigration

Special Coverage: Immigration

ICE President Chris Crane Opposes Any Kind Of Reform Bill

On Monday, two Department of Homeland Security unions comprising of 20,000 individuals from the National Immigration and Customs Enforcement Council (NICEC) and the National Citizenship and Immigration Services Council (NCISC) publicly released a statement indicating their opposition to the Senate immigration bill. This letter by Chris Crane, who heads the Homeland Secretary union that represents deportation agents is only one extension of his opposition to immigration legislation. Despite the two million undocumented immigrants that have already been deported, he has been a vocal opponent of any kind of reform.

The letter to Congress sent by Crane and NCISC president Kenneth Palinkas detail the dissatisfaction of deportation officials with what they perceive to be a rushed demand to approve legal status of applicants. In breaking with pro-immigration reform AFL-CIO, parent company of NCISC, Palinkas said that his officers were “pressured to rubber stamp applications instead of conducting diligent case review and investigation.”

Crane wrote, “U.S taxpayers are currently tasked with absorbing…the strain put on our Social Security system that has been depleted by an onslaught of refugees receiving SSI benefits as soon as their feet touch U.S. soil.” Mainstream economists have disparaged the characterization that immigrants are moochers, and instead have noted that immigrants are keeping the Social Security Trust Fund solvent.

He also wrote, “Currently, USCIS reports a 99.5 percent approval rating for all illegal alien applications for legal status filed under the Obama Administration’s new Deferred Action For Childhood Arrivals (DACA) policies.” However, as of the latest April statistics, DACA approval rating operated at 57 percent.

Crane has worked with or appeared alongside nativist groups and immigration restrictionists, including Kansas Secretary of State Kris Kobach and the Heritage Foundation, which is embroiled in a racism scandal. At a mid-May Tea Party sponsored tele-town hall conference with Heritage VP Derrick Morgan, Crane called the immigration reform bill “blanket amnesty” which would “provide a path to citizenship for the most criminal street gang…. all they have to do is make a claim that they’re going to renounce their gang affiliation. We know that all of these members are going to renounce their affiliation and continue their gang activity.”

LGBT

Immigration Asylum And Detention Amendments Could Protect LGBT Immigrants

Last week, the bipartisan immigration reform bill survived its second week of Senate Judiciary Committee markups largely intact and faithful to the “Gang of 8’s” core principals, which would provide a pathway to earned citizenship for the 11 million undocumented immigrants in America.  Today, the Committee will debate proposed amendments to Title III of the bill, which will address interior enforcement of immigration laws, including asylum procedures, indefinite detention, and solitary confinement.  Here’s a rundown of what some upcoming amendments mean for LGBT immigrants:

Asylum

Homosexuality is currently a crime in 78 countries around the world.  The right to seek asylum from persecution is a core right necessary to protect LGBT people around the world from persecution.  Unfortunately, a major obstacle to LGBT immigrants availing themselves of asylum in the United States is a bureaucratic one.   Under the current law, asylum seekers are required to file an asylum application within one year of entering the U.S.  Currently, under the one-year filing deadline, refugees with credible claims are denied asylum simply because of a bureaucratic technicality.  The elimination of the one-year filing deadline is particularly important for LGBT asylum seekers, who often miss the one-year deadline because they either do not know that sexual orientation or gender-based persecution are grounds for seeking asylum or do not feel safe disclosing their LGBT status to U.S. government officials within a year of arriving in the United States.

The Bill currently would end the one-year filing deadline, but Sen. Chuck Grassley (R-IA) has proposed two amendments that would compromise this improvement:

  • Grassley’s amendment 27 would completely remove the language ending the one-year filing deadline.
  • Grassley’s amendment 52 would substantially delay the elimination of the one-year filing deadline for asylum applications.

Indefinite Detention and Solitary Confinement

Immigrants in detention, including asylum seekers, are locked up in jail-like facilities, separated from their families and communities.   LGBT detainees often experience increased rates of discrimination, mistreatment and abuse both at the hands of fellow detainees and by guards.  Furthermore, a New York Times story this spring found that prolonged solitary confinement has been used on LGBT detainees under the guise of protecting them.  Some upcoming amendments improve the situation of LGBT immigrants in detention facilities, while others place them at greater risk of harm:

  • Sen. Richard Blumenthal’s (D-CT) amendment 2 would prohibit the use of solitary confinement based on sexual orientation and gender identity and stop ICE from using solitary confinement for “protection” of detainees.
  • Despite Constitutional precedent prohibiting the indefinite detention of immigrants, Grassley amendment 53 requiring the indefinite detention of immigrants who cannot be deported, without even the basic protection of a bond hearing to determine if they should be detained in the first place.  His amendment would also require the prolonged detention of arriving asylum seekers, including people seeking protection in the US from persecution on account of their sexual or gender identity.
  • Grassley 51 would eliminate the bill’s expansion of alternatives to detention.  Alternatives to detention seek to make detention less restrictive and less costly for immigrants who have no criminal background and do not pose a flight risk.  For LGBT detainees, who have historically faced unsafe conditions in traditional detention facilities, alternatives offer a way to remain in their support communities while awaiting the outcome of their cases.
  • Senator Jeff Session’s (R-AL) amendment 5 would impose a mandatory 60-day sentence of imprisonment for any immigrant who overstays his or her visa unless the person can be removed within 90 days.  Not only would the amendment require incarceration with no determination of an immigrant’s actual risk to public safety, it would also subject some asylum seekers and Deferred Action for Childhood Arrivals to mandatory imprisonment.

Sharita Gruberg is a Policy Analyst for the LGBT Immigration Project at the Center for American Progress.

1,200 Harvard Students Demand Investigation Into Jason Richwine’s Thesis On Hispanic IQ

Jason Richwine. (Credit: The Heritage Foundation.)

Over 1,000 Harvard students want to know how and why Harvard University’s JFK School approved a 2009 doctoral thesis arguing that Hispanics have lower IQs. The thesis was written by Jason Richwine, a co-author of a paper by the conservative Heritage Foundation that argued immigration reform would cost taxpayers $6.3 trillion. The discovery of Richwine’s paper by the Washington Post sparked a firestorm around the Heritage study, and several days later Richwine resigned from the think tank.

Harvard students delivered a petition last week demanding an investigation into how a thesis built on those views and assumptions was able to make it through the approval process in the first place. “Academic freedom and a reasoned debate are essential to our academic community,’’ the petition read. “However, the Harvard Kennedy School cannot ethically stand behind academic work advocating a national policy of exclusion and advancing an agenda of discrimination.” As of last Wednesday, May 15 the students had collected 1,200 signatures.

Several days ago, 24 student groups at Harvard wrote a letter condeming the university’s approval of Richwine’s dissertation, saying it “debases” all their degrees.

Richwine himself hit back at the students on Friday, suggesting their demands were an attack on free speech and academic inquiry. David Ellwood, the dean of the Kennedy School, defended the committee that accepted Richwine’s thesis as “highly respected and discerning.” George Borjas, one of the members of that committee, characterized Richwine’s work as “sound.” Borjas himself previously lent his pen to arguments against immigration on economic grounds.

Meanwhile, recently completed research failed to find an identifiable racial gap in IQ, and the entire assumption that race is a stable and reliable biological category suffers from its own problems. Even using IQ as a measure of intelligence often fails to acknowledge that what we mean by “intelligence” is itself dependent on historical and social context, and buffeted by a wide array of structural forces.

Update

This post has been edited for clarity.

Immigration Reform Provides Economic Benefits For States Represented By Anti-Immigrant Lawmakers

(Credit: AP)

A new study released by the Center for American Progress contends that a pathway to legalization and citizenship will bring vast economic benefits to states. The study by Robert Lynch and Patrick Oakford highlights the importance of a legalization pathway that would positively affect economic gains for the 24 states in which 88 percent of undocumented immigrants reside.

Once they attain legal status, immigrants will be able to contribute to the increased consumption of goods and services that boosts business sales and raises the earnings of all Americans. They will pay taxes on their higher wages and increase the gross state product (GSP). Additionally, immigrants will be able to use their new legal status by integrating their skill set and education into creating jobs and raising productivity.

Opponents of a pathway to citizenship have offered numerous “poison pill” amendments that could undermine reform and jeopardize passage of the bipartisan bill making its way through the senate. The House of Representatives has a number of lawmakers working against it, as well. Here are several of the states that would benefit from legalization, which are represented by vocal opponents or Republican leaders:

Arizona: Gov. Jan Brewer

– Undocumented immigrant population: 400,000
– Cumulative increase in GSP: $23,100,000,000
– Cumulative increase in earnings of all state residents: $15,300,000,000
– Average number of jobs created annually: 3,400

Pennsylvania: Rep. Lou Barletta

– Undocumented immigrant population: 160,000
– Cumulative increase in GSP: $14,800,000,000
– Cumulative increase in earnings of all state residents: $9,300,000,000
– Average number of jobs created annually: 2,100

Texas: Sens. John Cornyn, Ted Cruz

– Undocumented immigrant population: 1,600,000
– Cumulative increase in GSP: $144,600,000,000
– Cumulative increase in earnings of all state residents: $74,700,000,000
– Average number of jobs created annually: 21,000

Utah: Sen. Mike Lee

– Undocumented immigrant population: 110,000
– Cumulative increase in GSP: $8,600,000,000
– Cumulative increase in earnings of all state residents: $4,600,000,000
– Average number of jobs created annually: 1,200

Nationally, immigration reform will generate $832 billion in GDP, create 121,000 new jobs, and increase the personal income of all Americans by $470 billion, the report finds. Americans stand to gain more from immigration reform since immigrants could pay upwards of $184 million in tax revenue.

Climate Progress

Top 5 Things You Need To Know About Immigrants And The Environment

Since last November’s Presidential election, immigration reform with a road map to citizenship for the 11 million unauthorized immigrants living in the country has been gaining momentum. On April 16 the bipartisan Senate “Gang of 8″ introduced their immigration bill, and diverse groups such as organized labor, evangelical Christians, and business leaders have lent their support for reform.

Just last month, the board of the Sierra Club, the oldest environmental organization in the United States voted to add their voice to the movement, officially supporting immigration reform, including a pathway to citizenship. In doing so they joined other well-known environmental leaders like Bill McKibben and Van Jones.

Immigration reform and environmental protection are progressive issues that are in alignment, as the Sierra Club’s support illustrates: immigrants are affected by climate change and care about the environment, and the environmental movement is in turn strengthened by the inclusion of immigrant voices.

Here are the top five things you need to know about immigrants and the environment:

  1. Immigrants are already a part of the environmental movement. Immigrants and people of color have long been key players in the environmental justice movement, which has been fighting back against environmental injustice that has disproportionately affected communities of color and low-income communities. Environmental justice organizations, for example, often speak out against polluting and toxic businesses, like power plants and fuel tank facilities that are sited in or near communities of color. But while immigrants have been active in the more localized environmental justice movement, they need to have a larger role in the overall environmental movement which has all too often been criticized for a lack of diversity. In a recent Grist post, One America board member Sudha Nandagopal wrote, “… we don’t just need to add diverse faces to the crowds at environmental protests. We need inclusive strategies and a diversity of ideas. Communities of color must be equitable partners in identifying problems, crafting solutions, and pushing for change.”
  2. Immigrants have a big stake in the health of the planet. Historically, immigrants and people of color have borne a greater share of environmental burdens in their communities and at their jobs. According to the Sierra Club, 43 percent of Latino voters either live or work near a toxic site (such as a power plant, refinery, highway or factory.) This figure has increased by close to 10 percent since 2008, showing a dangerous uptick in the number of Latinos potentially exposed to dangerous environmental conditions, and the need among this community for a cleaner, healthier planet.
  3. Immigrants tend to lead low-carbon lifestyles. More than half of all immigrants live in large metropolitan areas, which have some of the lowest per capita emissions in the U.S. In fact, CAP analysis has found that cities with the lowest carbon footprint had an average immigrant population of 26 percent, while the 10 highest per-capita carbon emitting cities have an average immigrant population below 5 percent. In addition to living in big cities, immigrants are almost three times more likely to take public transportation and nearly two times more likely to carpool than native-born residents.
  4. Immigrants are helping to drive the green economy. Immigrants are leading new businesses in the green and high-tech industries, having launched 40 percent of publicly traded, venture-backed companies and nearly half of private, venture-backed startups. Additionally, immigrants occupy many “green-collar” jobs (blue-collar jobs in the green goods and services industry) and use their skills to advance energy efficiency, clean energy and sustainability. Green-collar employment includes jobs in wind turbine manufacturing, solar power project construction, home weatherization, solar panel installation, etc.
  5. Immigrants support environmental policies. A recent poll found that 7 out of 10 Latino voters support environmental protections while 9 out of 10 feel a sense of “moral responsibility” when it comes to protecting the environment. A similar study of Asian American voters in California found that 3 out of 4 are extremely or very concerned about environmental issues, and 7 out of 10 believe that environmental regulations “provide an important benefit to society and protect health, air and water.” Immigrants from Latin American and Asian countries represent more than 60 percent (over 24 million residents) of the U.S. foreign-born population and these polls indicate that they can be strong advocates for environmental protections.

In coming out in support of immigration reform, Sierra Club President Allison Chin stated, “By establishing an equitable path to citizenship for the 11 million undocumented immigrants living in America today, we can empower those in our society who are most vulnerable to toxic pollution to fully participate in our democracy, fight back against polluters and demand public health protections and clean energy solutions.” The intersection of environmentalism and immigration reform will continue to benefit and strengthen both movements.

Anh Phan is Manager of the Anti-Hate Table in Immigration Policy and Mari Hernandez is a Research Associate in Energy Policy at the Center for American Progress. Special thanks to former American Progress staffer Jorge Madrid for his help.

House Immigration Group Agrees To Preliminary Principles For 15-Year Path To Citizenship

Late Thursday, Rep. John Carter (R-TX) indicated that the House bipartisan group working on immigration reform finalized an “agreement in principle” on a comprehensive immigration reform bill. Although many of the bill’s elements are not yet known, the House intends to create a 15-year path to citizenship, longer than the 13-year citizenship plan in the Senate bill. In addition, the group will likely require that undocumented immigrants submit a written confession before they move to “probationary status.” The bill is set to be unveiled around June 4.

Hours before the Thursday announcement, there were still tense negotiations that the House bill would fall apart. Among the major issues for contention was the funding costs associated with immigrant health care that Republicans insisted did not come from taxpayer money, for which Rep. Raul Labrador (R-ID) was the last holdout. He is a major stakeholder in the House Gang of Eight “because he represents Majority Leader Eric Cantor’s interests.” One of the more partisan hurdles that both groups worked through was that Republican members insisted on making the E-Verify system universal and checking in at the five-year mark. If E-Verify was not put in place by then, then the legalization program would end.

Because the bipartisan House group has been more fractured in its compromise than Senate immigration bill negotiators, this agreement represents a significant change of bipartisan effort to overhaul the immigration system. Carter, a member of the group, has been a strong opponent to immigration legislation such as the Dream Act bill of 2010 that fell five votes short of passage, but a vocal advocate for the controversial Arizona’s ability to check an individual’s immigration status.

Anti-Immigrant Leader Trashes Rubio With Homophobic Slur

(Credit: AP)

A top anti-immigration advocate referred to Sen. Marco Rubio (R-FL) using a homophobic slur during an appearance on the Laura Ingraham radio show on Thursday.

Mark Krikorian, the Executive Director of the Center for Immigration Studies, argued that Rubio is critical to building Republican support for reform, but is either misleading lawmakers about the bill or is unaware of the provisions included in the measure.

“Without Rubio, there is no bill, I mean, it just can’t happen,” Krikorian said, “because Rubio’s job basically was to be the beard for this bill.” The phrase “beard” became popularized in the 1960s to describe a woman helping a man hide his homosexuality.

The Center for Immigration Studies was established by John Tanton, a strict a nativist who once wrote a paper titled “The Case for Passive Eugenics” and has openly professed his preference for white people. CIS has produced reports with racist undertones and Krikorian himself has jokingly suggested that immigrants are responsible for the subprime mortgage meltdown.

In 2007, he accepted an invitation to speak at the Michigan State University chapter of Young Americans for Freedom, a group that had posted “Gays Spread AIDS” fliers across campus.

At California Detention Center, Immigrants Must Pay $20 For A Five-Minute Phone Call

(Credit: Creative Commons)

Long known for exploiting inmate needs, immigration detention centers that generally contract out services like their phone systems, are generously paid by the federal government to hold ICE detainees. A group of 40 activists gathered outside the West County Detention Facility (WCDF) in Richmond, CA last Friday to protest the exorbitant phone rates that immigrant detainees have to pay in order to contact loved ones and lawyers.

Whereas state and federal penitentiaries must contract with the lowest bidder, county immigration detention centers like WCDF in Richmond, CA, can choose to go with a contractor that nets them the most kickbacks. In this case, WCDF went with Global Tel* Link which paid $75,000 for the contract and also forced families of detainees to buy credit before they can find out how much the phone calls cost.

Immigrant detainees at WCDF pay upwards of $20 to place a five-minute phone call. A connection fee of $3.25 is charged for all phone calls within the state with “per-minute rates running as high as 25 cents for interstate calls and an additional 30 cents when phoning out-of-state.” Calls are often dropped, but detainees must pay the connection fee regardless. A 20-minute phone call costs $14, which means that WCDF receives a 57 percent commission, or $7.98.

Reverend Deborah Lee of the Interfaith Coalition for Immigrant Rights said in an interview, “Families are being overcharged for the most basic things,” she said, “like telling relatives you love them, or speaking with their attorneys about their cases.” Inmates’ relatives often pay anywhere from $25-$50 for two or three brief calls. “It’s cruel and inhuman,” said Lee, “the stories we hear are heartbreaking.”

Without the financial wherewithal to contact lawyers, immigrant detainees could be detained longer than they otherwise would. Because prison systems do not consider contracts based on immigrant needs, like lower phone rates, they instead will continue contracts with phone systems that help them stay profitable.

Immigrants Could Become Leading Driver Of Population Growth In 14 Years

New projections released by the U.S. Census Bureau on Wednesday reveals that immigration will overtake natural increase (in other words, births minus deaths) as the leading cause of U.S. population increase for the first time in almost two centuries. Three contributing factors to the population increase takeover include declining fertility rates, an aging baby boomer population, and continued immigration.

The Census Bureau presents three scenarios different only on the “level of net international migration they assume.” In every scenario, the minority immigrant population would become the driver of population growth sometime between 2027 and 2038. As shown, the “middle series” assumes a consistent flow of 725,000 between 2012 to 2060.

(Credit: U.S. Census Bureau)

In the “low series” projection, annual levels of would increase net immigration from 700,000 in 2012 to 824,000 by 2060. The “high series” graph would increase from 747,000 in 2012 to 1.6 million by 2060. The high series estimate also projects that the “single-race white” population will be in the minority by 2041.

The influx of legal immigrants from comprehensive immigration reform will provide a net benefit of $410 billion over the next 50 years, according to actuary data gathered by Social Security at the behest of Sen. Marco Rubio (R-FL). Nearly 6.6 million more workers will be paying Social Security taxes which would allow immigrants to continue helping to keep the Social Security Trust Fund solvent for the aging baby boomer population and contribute to the economy. As a result, making many immigrants into newly legalized taxpayers would directly counter so-called costs that immigration opponents claim burdens the system.

Immigrant Activists Deliver Pink Slips To Heritage’s Jim DeMint

On Wednesday, a group of immigrant activists jointly organized by the Center for Community Change and Fair Immigration Reform Movement demanded former Sen. Jim DeMint (R-SC) to resign as president of the Heritage Foundation. DeMint was an enthusiastic leader at the forefront of a flawed immigration study co-authored by Jason Richwine who argued that Hispanics have lower genetic IQ in his doctoral thesis.

While conservatives leaders and organizations have roundly criticized the Heritage study, Jim DeMint has not said anything about the controversial former employee. The activists take DeMint’s silence as a sign of his solidarity with Richwine’s racially tinged history. Deepak Bhargava, executive director of the Center for Community Change stated in an interview with Chris Hayes, “the issue is that [Richwine] was hired knowingly by Heritage with these views way out of the mainstream by the pillar institution of modern Conservatism in America.”

Carrying pink slips and a banner, the activists approached DeMint as he exited the Heritage Foundation, but he quickly slipped back in through another door. As they stacked pink slips in front of the doors of the Heritage Foundation, they shouted “Jim DeMint Has Got to Go!” Watch it:

Anti-Immigration Senators Would Prohibit Re-Entrants Without Criminal Records

Hours before Rena Rivas was set to be sent back to Mexico, his 18-year-old son Carlos made a plea at a townhall meeting with Congresswoman Rep. Frederica Wilson (D) to halt Rene Rivas’ 4 A.M. deportation. After making a personal call to the ICE agent in charge of Rivas’ case, Rep. Wilson was successful in stopping the deportation, but Rivas remains incarcerated in ICE legal limbo.

Because illegal re-entry is a felony, Rivas can be held in prison for up to two years even though he does not have prior convictions. Rivas had once before voluntarily left after being captured by ICE officials in a raid targeted at his coworker who has a criminal record.

Under the Senate immigration bill, Rena Rivas would qualify for registered provisional immigration (RPI) status, even though he violated federal law for reentering back into the U.S. Both Senator Mike Lee (R-UT) and Senator Jeff Sessions (R-AL) have created amendments that will prohibit deportees from being considered for RPI status.

A study released in March shows that one of the top immigration offenses was “reentry of deported alien.” While in the past, illegal re-entry had been used to describe violent criminals, the uptick in deportations shows immigrants with lesser offenses being given such labels. If passed under the Title II provision at the Senate markup hearing, this would impact numerous deported immigrants, some of whom had been deported for misdemeanors like marijuana possession. The Senate bill would not automatically grant deportees the right to return, but it would allow the Secretary of Homeland Security to have discretion in granting waivers.

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GOP Senator Asks Why Border Security Can’t Be More Like Disney World

At the second Senate Judiciary Committee hearing on the bipartisan immigration bill, Sen. John Cornyn (R-TX) compared U.S. border security to Disney World.

Cornyn made the reference during a discussion of an amendment proposed by Sen. Jeff Sessions (R-AL) that would add a biometric entry-exit system and effectively delay the path to citizenship for years. Cornyn argued that not having biometrics like fingerprints or iris scans “could lead some people to conclude that this bill is designed to fail.”

The current bill already includes a tracking exit system in the form of a “photo tool” that expands the existing E-Verify program. Biometric information also will be collected from the undocumented applying for provisional status.

But Cornyn claimed that Disney World’s system uses fingerprints, and what’s “good enough for the Magic Kingdom” should be U.S. law:

CORNYN: My conversations with Senator Rubio, he happened to share with me that Disney World uses a biometric system to ensure people do not commit ticket fraud. If they are that easy, affordable and good enough for the Magic Kingdom, they ought to be good enough for the United States. Senator Sessions’ amendment would guarantee they would not be eligible for lawful citizenship until there is a biometric entry/exit system.

I do not know how leadership will ever do what Congress mandates them to do unless we use this trigger. It is that simple. I believe this is a constructed — constructive amendment that reaches the stated goals of protecting the United States system and making sure it is fair and workable. If we choose to ignore the 40 percent of immigration where we create a system that can be evaded, we have ignored our constituents concerns and failed to fix the problem.

Senators immediately pushed back on Cornyn’s argument. “It is true that Disney World used a fingerprint, and then when Disney Land went ahead to use their system they used a picture because it was better,” Sen. Charles Schumer (D-NY) said. Sen. Dick Durbin (D-IL) added that Disney has “two ports of entry. We have 329 ports of entry in the United States, which include land, sea and air. If we are talking about being able to read cards at all ports of entry for those leaving the U.S, it is more daunting than it is at Disney World or Disney Land.”

Schumer also pointed out that Atlanta and Detroit attempted to implement a biometric system like Republicans requested. “More people got through,” he said. Responding to concerns that an individual can change what he or she looks like to escape the system, Schumer said, “you can change the way your face looks” but a visa “has to be the same. You cannot tamper with it.”

Sessions’ amendment was defeated by a 12-6 vote.

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