The New York Times reported yesterday that a potential House GOP immigration reform solution may result in 6.5 million undocumented people obtaining lawful status. The article references a study issued by the National Foundation for American Policy, which is based on information articulated by Representative Robert W. Goodlatte (R-VA), chairman of the House Judiciary Committee. The GOP's solution looks surprisingly familiar to something readers of this blog have already seen.
From public information, the GOP appears willing to offer a compromise that brings people out of the shadows, and once out provide them employment and travel authorization. The solution stops short of creating a special path to a Green Card and citizenship. This doesn't mean the GOP intends to prohibit people from ever applying for a Green Card and ultimately citizenship. It simply means that those receiving status will have to apply just like everyone else. Only under the GOP plan the undocumented can apply from inside the United States without the threat of deportation hanging over their head.
For example, if you are married to a United States citizen or have a child that is over 21 the moment you receive the new hypothetical documented status you will become eligible for a Green Card. You could also be sponsored by an employer if they want to hire you for a job where there is a shortage of willing United States citizens so long as a visa number is available. These are just a couple examples of many, and according to the estimate there will be many. Mind you, not everyone will qualify for the new documented status. You can rest assured that individuals with serious criminal convictions will be excluded for example, but these people weren't going to qualify under the Senate version of reform either so take that out of the equation.
Detractors are already issuing talking points calling this a "half loaf" solution that will create a permanent underclass. This is a non sequitur being advanced to cast blame on the GOP merely because their solution does not create a new special path to citizenship to the undocumented. Do not be fooled by it. If the GOP compromise becomes law everyone eligible for legalization would also be eligible to apply for a Green Card if they have a sponsor available. And remember, Green Card holders can't vote, and there is nothing in the law that requires a Green Card holder to ever apply for citizenship at some point after they receive their status so that they can vote. In fact, many chose not to. Is there anyone out there that thinks that a Green Card holder who declines the opportunity to apply for citizenship is part of a permanent subclass of society? I think not.
As for the issue of citizenship itself, this is all about a fight for new voters, which is also a non-issue. I say this because as of January 2012 there were 13.3 million Green Card holders in the United States, 5.4 million of which from Mexico. Two-thirds of all Green Card holders from Mexico never apply for citizenship. Why is this important? Because it is believed that more than half of the 11.1 million undocumented people in the U.S. are from Mexico, who apply for citizenship at rates significantly lower than nationals from other countries. The point being, if you just give a Green Card to every single undocumented person in this country statistically only a relatively small percentage will ever apply for citizenship, and vote in an election.
So here is the bottom line: a legalization program that stops deportation, provides employment authorization and the ability to travel, while not preventing an individual from applying for a Green Card and ultimately citizenship is a deal worth taking. Those most impacted by this debate, the ones getting deported in record numbers, are asking for an opportunity to lead normal lives and to be able to apply for a Green Card just like everyone else.
Maybe it is time that we listen to them.
Wednesday, January 15, 2014
Friday, January 10, 2014
Rep. Gutierrez: Obama Has 'Responsibility' to Reduce Deportations
In an interview with Fusion’s Jorge Ramos, Rep. Luis Gutierrez (D - Ill.) has stated that President Obama has a “responsibility” to reduce the number of deportations.
He stated that “Democrats think all they need to do is to simply blame Republicans. You know what? We control the White House and we control the deportation apparatus, we have a responsibility to act.” Congressman Gutierrez also stated that the President can do more to put an end to the destruction of thousand of families in this country.
Thank you Congressman Gutierrez for your continued fight on behalf of United States citizens that are in danger of losing their relatives to a draconian and outdated immigration law.
He stated that “Democrats think all they need to do is to simply blame Republicans. You know what? We control the White House and we control the deportation apparatus, we have a responsibility to act.” Congressman Gutierrez also stated that the President can do more to put an end to the destruction of thousand of families in this country.
Thank you Congressman Gutierrez for your continued fight on behalf of United States citizens that are in danger of losing their relatives to a draconian and outdated immigration law.
Thursday, January 9, 2014
An Immigration Reform Solution that Makes Sense
It has just been reported that House Speaker John Boehner is drafting GOP principles on immigration reform legislation, and that he will soon release them in an effort to push his members to vote for it. Nearly everyone sees this as a positive sign that reform may actually happen in 2014.
So the question becomes, what will immigration reform look like in the hands of the GOP? The major sticking point has been whether reform should include a separate and distinct pathway to citizenship for individuals that are undocumented. The people most effected by this issue see through the politics. Some now acknowledge that the GOP isn't solely to blame realizing many Democrats are using a "pathway to citizenship" as a wedge issue to win elections. In sum, politicians playing politics rather than solving problems.
A recent poll reveals that Hispanics and Asian Americans see deportation relief as more important than a pathway to citizenship. Congressman Luis Gutierrez, D-Ill., agrees stating that: "...citizenship is important, but I don't think it is a big deal breaker either," "Right now we have to stop the deportations that are breaking up families. And if we do not get citizenship this year, we will be back next year and the year after that." Given these revelations, it is clear that there is room for compromise.
Moreover, from what I have seen a reboot on immigration reform isn't necessarily a bad thing as the pathway to citizenship in the Senate Bill is illusory at best. It has been estimated that under the Senate Bill many/most of the undocumented population will never achieve "Green Card" status let alone full citizenship. Most importantly, a large percentage would face deportation again should they fail to meet the strict requirements of registered provisional immigrant status.
As I have previously written, there is a much more practical way to achieve both an end to deportations for the deserving, as well as provide a pathway to citizenship for immediate relatives of United States citizens and other immigrants that have visas available to them through family members and offers of employment. A way that won't require undocumented immigrants to endure the Bataan Death March of immigration reform as set forth in S.744.
The solution would immediately provide legal status to the estimated 11 million undocumented immigrants in this country. A solution that creates a temporary renewable status that brings people out of the shadows, protects them from deportation, and also provides employment and travel authorization so that people can lead normal lives. The new status could be renewed indefinitely in the absence of disqualifying criminal grounds of removal, and would require a one-time payment of a penalty fee, and a substantially lower filing fee for renewals, which would be required every ten years.
Although there would be no independent pathway to citizenship baked in, you would not be precluded from obtaining a Green Card and ultimately citizenship through the normal channels. This solution would allow undocumented immediate relatives of United States citizens to immediately apply for a Green Card the moment they receive their status. Spouses of United States citizens would be eligible to apply for citizenship three years after they get their Green Card.
It is a real path to citizenship.
For this solution to work properly we need more immigrant visa numbers as well as a robust skilled and guest worker program to afford future immigrants an opportunity to come to this country legally. I have already articulated this solution to several GOP members of Congress.
Let's just hope they were listening.
So the question becomes, what will immigration reform look like in the hands of the GOP? The major sticking point has been whether reform should include a separate and distinct pathway to citizenship for individuals that are undocumented. The people most effected by this issue see through the politics. Some now acknowledge that the GOP isn't solely to blame realizing many Democrats are using a "pathway to citizenship" as a wedge issue to win elections. In sum, politicians playing politics rather than solving problems.
A recent poll reveals that Hispanics and Asian Americans see deportation relief as more important than a pathway to citizenship. Congressman Luis Gutierrez, D-Ill., agrees stating that: "...citizenship is important, but I don't think it is a big deal breaker either," "Right now we have to stop the deportations that are breaking up families. And if we do not get citizenship this year, we will be back next year and the year after that." Given these revelations, it is clear that there is room for compromise.
Moreover, from what I have seen a reboot on immigration reform isn't necessarily a bad thing as the pathway to citizenship in the Senate Bill is illusory at best. It has been estimated that under the Senate Bill many/most of the undocumented population will never achieve "Green Card" status let alone full citizenship. Most importantly, a large percentage would face deportation again should they fail to meet the strict requirements of registered provisional immigrant status.
As I have previously written, there is a much more practical way to achieve both an end to deportations for the deserving, as well as provide a pathway to citizenship for immediate relatives of United States citizens and other immigrants that have visas available to them through family members and offers of employment. A way that won't require undocumented immigrants to endure the Bataan Death March of immigration reform as set forth in S.744.
The solution would immediately provide legal status to the estimated 11 million undocumented immigrants in this country. A solution that creates a temporary renewable status that brings people out of the shadows, protects them from deportation, and also provides employment and travel authorization so that people can lead normal lives. The new status could be renewed indefinitely in the absence of disqualifying criminal grounds of removal, and would require a one-time payment of a penalty fee, and a substantially lower filing fee for renewals, which would be required every ten years.
Although there would be no independent pathway to citizenship baked in, you would not be precluded from obtaining a Green Card and ultimately citizenship through the normal channels. This solution would allow undocumented immediate relatives of United States citizens to immediately apply for a Green Card the moment they receive their status. Spouses of United States citizens would be eligible to apply for citizenship three years after they get their Green Card.
It is a real path to citizenship.
For this solution to work properly we need more immigrant visa numbers as well as a robust skilled and guest worker program to afford future immigrants an opportunity to come to this country legally. I have already articulated this solution to several GOP members of Congress.
Let's just hope they were listening.
Wednesday, January 8, 2014
When a "Publicity Stunt" Becomes "Astounding"
The National Immigrant Youth Alliance's infiltration of the El Paso detention center has resulted in both the discovery, and the Obama administration's confession that ICE locked up 13 pregnant women in immigration detention in Texas between August and November of 2013.
Because of a lack of transparency there is no way of knowing how many pregnant women are currently being held in ICE custody nationwide despite the administration's policy against it.
There is another interesting and ironic twist to this story. Remember David Leopold? He is the guy that spent the better part of last summer calling the DREAM 9 protest a misguided publicity stunt. This is the movement that is ultimately responsible for uncovering the very abuses now being reported. Well, he has been quoted in another article about this most recent incident calling it "astounding" that so many pregnant women have been detained.
What is actually "astounding" is that Leopold is quoted in the article at all given his previous statements of record. Recall last summer when Leopold notoriously, and incorrectly, questioned whether DREAMers were held in solitary confinement. Go to the 12:18 mark:
Apparently, when an immigration reform protest results in uncovering the detention of 13 pregnant women during a four month period in 2013 it loses its "publicity stunt" status.
And I'm not the only one that sees the irony in it:
Others haven't been as amused by Leopold's antics:
I guess some people will say anything to secure their invitation to the White House Holiday Reception.
Because of a lack of transparency there is no way of knowing how many pregnant women are currently being held in ICE custody nationwide despite the administration's policy against it.
There is another interesting and ironic twist to this story. Remember David Leopold? He is the guy that spent the better part of last summer calling the DREAM 9 protest a misguided publicity stunt. This is the movement that is ultimately responsible for uncovering the very abuses now being reported. Well, he has been quoted in another article about this most recent incident calling it "astounding" that so many pregnant women have been detained.
What is actually "astounding" is that Leopold is quoted in the article at all given his previous statements of record. Recall last summer when Leopold notoriously, and incorrectly, questioned whether DREAMers were held in solitary confinement. Go to the 12:18 mark:
Apparently, when an immigration reform protest results in uncovering the detention of 13 pregnant women during a four month period in 2013 it loses its "publicity stunt" status.
And I'm not the only one that sees the irony in it:
Others haven't been as amused by Leopold's antics:
I guess some people will say anything to secure their invitation to the White House Holiday Reception.
Friday, December 20, 2013
Reactions to ICE's New Deportation Statistics
Yesterday, ICE released their annual deportation statistics. They are claiming that 98% of the agency's total removals consisted of convicted criminals, recent border crossers, "illegal" re-entrants, or those previously removed by ICE.
From the press release:
In FY2013, ICE conducted a total of 368,644 removals, 235,093 of whom were apprehended while, or shortly after, attempting to illegally enter the United States, and 133,551 of whom were apprehended in the interior of the United States. Nearly 60 percent of ICE’s total removals had been previously convicted of a criminal offense, and that number rises to 82 percent for individuals removed from the interior of the U.S. Other than convicted criminals, the agency’s enforcement priorities include: those apprehended while attempting to unlawfully enter the United States, illegal re-entrants – individuals who returned to the U.S. after being previously removed by ICE – and immigration fugitives.
My friend and colleague Chuck Kuck had the following reaction to the numbers: "Obama only deported 350,000 people last year. Somehow this is something to celebrate?" Pretty much sums it up for me.
But there is more to the story. Anyone paying attention knows that the administration has ramped up criminal prosecutions of immigrants charged with immigration law crimes. In fact, according to Syracuse University's TRAC Immigration, illegal reentry prosecutions have jumped 76% during the Obama administration, and the 100,000 prosecutions mark is at an all-time high. Another record setting performance for the Deporter-in-Chief. What this means is that the administration is turning individuals into convicted criminals when their only criminal infraction stems from an immigration law violation. This clearly has resulted in a padding of the criminal removal statistics.
As for the claim that ICE is enforcing our nation’s laws in a smart and effective way, TRAC has already done the heavy lifting for us. They found that very few ICE detainers involve serious criminals. TRAC determined that "if traffic violations (including driving while intoxicated) and marijuana possession are put aside, fully two thirds of all detainers had no record of a conviction. Statistics show that through November 2013, only a small proportion of the deportation filings are based on alleged criminal activity.
Here is a sample of some of the other reactions I've seen to the recent release:
From the ACLU:
Despite broad consensus that the nation needs immigration reform, the Obama administration is barreling towards the dubious honor of hitting a record 2 million deportations by early next year. Today’s numbers show that ICE continues to sweep tens of thousands of immigrants into a detention and deportation machine that lacks basic due process protections, including the dignity of an appearance before a judge. The Department of Homeland Security should sharpen its enforcement priorities and strengthen due process protections for immigrants in removal proceedings.
Ali Noorani, Executive Director of the National Immigration Forum:
ICE is still removing people with no criminal record who are just trying to build a life in America — including tens of thousands this past year. These numbers highlight the urgency for broad immigration reform from Congress that stresses accountability and moves our country forward. In 2014, leaders simply must follow through on a new immigration process that emphasizes security, freedom, opportunity and human dignity.
America's Voice was not so diplomatic in their response, calling the Obama administration "sickening."
There is a huge gap between what they say and what they do. DHS announced prosecutorial discretion policies in 2011 aimed at focusing deportation on the ‘worst of the worst,’ and yet these policies have never been fully implemented. They claim that most of those being deported are ‘convicted criminals’ – a scary label until you realize that their own definitions of ‘convicted criminals’ include traffic violations and minor nuisance offenses (see here and here). They claim that the only answer is legislation – which really is the best and most permanent solution – but refuse to simultaneously use their substantial administrative authority to rein in the out-of-control detention and deportation machinery. The time is now for the Administration to do its part to stop deporting people who are anything but ‘criminals’ and have deep roots and make huge contributions to the country they now call home.
The National Day Laborer Organization had the following insight:
"People on all sides will look at these numbers with a great deal of skepticism. It’s easy for the Administration to say that those deported fit their priorities when this White House has practically made sneezing a criminal act for immigrants. These numbers may represent political calculus for the beltway but for immigrant families, they represent our parents, siblings, and loved ones,” explains Pablo Alvarado, Executive Director. “The five years of criminalization the President has overseen blankets immigrant communities with suspicion and causes people to live in fear. Until the historic mistake of entwining local police with immigration enforcement is corrected, the country will face a crisis of safety in our communities, confidence in the President, and separation in our families."
It is obvious to everyone other than those drinking from a Big Gulp sized cool-aide that the administration's recent release is little more than propaganda and public relations spin to address the negative publicity that is finally raining down on the President.
Better late than never.
From the press release:
In FY2013, ICE conducted a total of 368,644 removals, 235,093 of whom were apprehended while, or shortly after, attempting to illegally enter the United States, and 133,551 of whom were apprehended in the interior of the United States. Nearly 60 percent of ICE’s total removals had been previously convicted of a criminal offense, and that number rises to 82 percent for individuals removed from the interior of the U.S. Other than convicted criminals, the agency’s enforcement priorities include: those apprehended while attempting to unlawfully enter the United States, illegal re-entrants – individuals who returned to the U.S. after being previously removed by ICE – and immigration fugitives.
My friend and colleague Chuck Kuck had the following reaction to the numbers: "Obama only deported 350,000 people last year. Somehow this is something to celebrate?" Pretty much sums it up for me.
But there is more to the story. Anyone paying attention knows that the administration has ramped up criminal prosecutions of immigrants charged with immigration law crimes. In fact, according to Syracuse University's TRAC Immigration, illegal reentry prosecutions have jumped 76% during the Obama administration, and the 100,000 prosecutions mark is at an all-time high. Another record setting performance for the Deporter-in-Chief. What this means is that the administration is turning individuals into convicted criminals when their only criminal infraction stems from an immigration law violation. This clearly has resulted in a padding of the criminal removal statistics.
As for the claim that ICE is enforcing our nation’s laws in a smart and effective way, TRAC has already done the heavy lifting for us. They found that very few ICE detainers involve serious criminals. TRAC determined that "if traffic violations (including driving while intoxicated) and marijuana possession are put aside, fully two thirds of all detainers had no record of a conviction. Statistics show that through November 2013, only a small proportion of the deportation filings are based on alleged criminal activity.
Here is a sample of some of the other reactions I've seen to the recent release:
From the ACLU:
Despite broad consensus that the nation needs immigration reform, the Obama administration is barreling towards the dubious honor of hitting a record 2 million deportations by early next year. Today’s numbers show that ICE continues to sweep tens of thousands of immigrants into a detention and deportation machine that lacks basic due process protections, including the dignity of an appearance before a judge. The Department of Homeland Security should sharpen its enforcement priorities and strengthen due process protections for immigrants in removal proceedings.
Ali Noorani, Executive Director of the National Immigration Forum:
ICE is still removing people with no criminal record who are just trying to build a life in America — including tens of thousands this past year. These numbers highlight the urgency for broad immigration reform from Congress that stresses accountability and moves our country forward. In 2014, leaders simply must follow through on a new immigration process that emphasizes security, freedom, opportunity and human dignity.
America's Voice was not so diplomatic in their response, calling the Obama administration "sickening."
There is a huge gap between what they say and what they do. DHS announced prosecutorial discretion policies in 2011 aimed at focusing deportation on the ‘worst of the worst,’ and yet these policies have never been fully implemented. They claim that most of those being deported are ‘convicted criminals’ – a scary label until you realize that their own definitions of ‘convicted criminals’ include traffic violations and minor nuisance offenses (see here and here). They claim that the only answer is legislation – which really is the best and most permanent solution – but refuse to simultaneously use their substantial administrative authority to rein in the out-of-control detention and deportation machinery. The time is now for the Administration to do its part to stop deporting people who are anything but ‘criminals’ and have deep roots and make huge contributions to the country they now call home.
"People on all sides will look at these numbers with a great deal of skepticism. It’s easy for the Administration to say that those deported fit their priorities when this White House has practically made sneezing a criminal act for immigrants. These numbers may represent political calculus for the beltway but for immigrant families, they represent our parents, siblings, and loved ones,” explains Pablo Alvarado, Executive Director. “The five years of criminalization the President has overseen blankets immigrant communities with suspicion and causes people to live in fear. Until the historic mistake of entwining local police with immigration enforcement is corrected, the country will face a crisis of safety in our communities, confidence in the President, and separation in our families."
It is obvious to everyone other than those drinking from a Big Gulp sized cool-aide that the administration's recent release is little more than propaganda and public relations spin to address the negative publicity that is finally raining down on the President.
Better late than never.
Monday, December 2, 2013
Deported and Exiled U.S. Citizen Gets Passport Back
The New York Daily News reports that formerly deported and exiled United States citizen Blanca Maria Alfaro has finally had her passport returned to her, again. Ms. Alfaro was born in Texas, but her family moved to El Salvador when she was a child. Her ordeal includes having her passport stripped on multiple occasions, being detained by immigration officials for over two weeks, and being threatened with jail to coerce her to make a sworn statement that she was not a United States citizen at the airport.
From the article:
Great work by immigration lawyer Bryan Johnson to get this matter straightened out.
From the article:
According to Alfaro, an immigration officer told her that the U.S. passport she carried was not hers. An officer said that she should write down her correct name on a piece of paper.
She penned "Blanca Maria Alfaro" but officers laughed and ripped it up, she said.
"I told them I was from here, from the United States. They insisted, no, I was from El Salvador," she said.
After hours, they told her that if she didn't tell them her correct name she'd go to jail — where there were "a lot of bad women," Alfaro said. Tired, scared and frustrated, she wrote down her half-sister Mayra's name.
She penned "Blanca Maria Alfaro" but officers laughed and ripped it up, she said.
"I told them I was from here, from the United States. They insisted, no, I was from El Salvador," she said.
After hours, they told her that if she didn't tell them her correct name she'd go to jail — where there were "a lot of bad women," Alfaro said. Tired, scared and frustrated, she wrote down her half-sister Mayra's name.
Great work by immigration lawyer Bryan Johnson to get this matter straightened out.
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