amnesty

U.S. Immigration and Customs Enforcement (ICE) quietly announced last week that it is changing its Secure Communities program to better meet the Administration’s enforcement priorities. The announcement came in the form of a 19-page report ICE released to address a series of recommendations made by the Department of Homeland Security’s Secure Communities "Task Force." (See ICE Response to the Task Force on Secure Communities Findings and Recommendations, Apr. 27, 2012)

While ICE’s responses to the recommendations varied, the agency made a significant policy shift by agreeing with the Task Force recommendation that it should refrain from enforcing the law against illegal aliens apprehended for "minor traffic offenses." (See ICE Response at p. 13) As a result, ICE announced that when Secure Communities identifies illegal aliens pursuant to a traffic offense, ICE will no longer ask the local jails to detain the illegal aliens so that ICE may begin deportation proceedings. ICE characterized its policy shift as follows: "For individuals arrested solely for minor traffic offenses, who have not previously been convicted of other crimes and do not fall within any other ICE priority category, ICE will only consider making a detainer operative upon conviction of the minor criminal traffic offense." (Id. at 14)

Even more disturbing, ICE’s response appears to encourage local agencies not to submit fingerprints to the FBI or DHS for individuals arrested for "minor offenses." ICE states: "It should be noted that states can choose not to submit to the federal government the fingerprints for individuals arrested for minor offenses. In states that do not fingerprint for minor offenses (or that fingerprint for state use but do not submit those fingerprints to the FBI) aliens cannot be identified through Secure Communities because they do not become part of the federal information sharing process in the first place." (Id.) Not only does this directly provide sanctuary cities a way to circumvent the program, but it belies previous statements by the Administration that the program is not optional. (See FAIR Legislative Update, Aug. 8, 2011)

Moreover, despite claims of limited resources, ICE also announced it plans to take action against jurisdictions with arrest rates the agency deems too high. According to the report, ICE and the DHS division of Civil Rights and Civil Liberties have "retained a leading statistician" to examine data for each jurisdiction where Secure Communities is activated and to look for indications of racial profiling. "Statistical outliers," the response reads, "will be subject to an in-depth analysis and DHS and ICE will take appropriate steps to resolve any issues." (See ICE Response at p. 15)

ICE’s announcement that it will limit the scope of Secure Communities is particularly striking because Secure Communities is virtually the only immigration enforcement program the Obama Administration has been promoting. For this reason, the policy change is an unmistakable indication that the Obama Administration has decided to cede even more ground to the open borders, pro-amnesty lobby.

Mexican ID Cards Now Serve as Valid ID in Oregon

Last Tuesday, the Governor of Oregon, John Kitzhaber (D), announced that state and local officers will begin accepting Matricula Consular ID cards issued by the Mexican government as proof of identity for illegal aliens during traffic and other stops. (Associated Press, May 2, 2012)

Four years ago, Oregon toughened its driver’s license policies to prevent illegal aliens from receiving and renewing licenses, but now the state is backing down. (The Oregonian, June 29, 2008) Governor Kitzhaber, glossing over the fact that illegal aliens are violating federal immigration law and state laws by driving unlicensed, claimed that police no longer have an accurate way of identifying illegal aliens during traffic stops. (See Gov. Kitzhaber Letter, May 1, 2012; see also Associated Press, May 2, 2012)

Mexican Matricula Consular cards are highly susceptible to fraud. The Mexican government issues them to Mexican nationals residing outside of Mexico, regardless of their immigration status. (See FAIR Matricula Consular ID Summary, 2003) The Mexican government has no centralized database to coordinate the issuance of the ID cards, and multiple cards can easily be obtained under the same name and address, or with the same photograph, making it easy to establish false identities. (FBI Testimony, June 26, 2003).

Moreover, the FBI has long held that the cards are "not a reliable form of identification" and pose dangers to national security. (Id.) Having a Matricula Consular ID makes it easier for illegal aliens to move about the country, avoid triggering watch-lists, conceal identities from law enforcement, facilitate human trafficking and smuggling, and establish bank accounts to wire money outside the United States. (Id.; see also FAIR Matricula Consular ID Summary, 2003)

Nonetheless, Gov. Kitzhaber gave no indication of fear of such risks, instead expressing his goals for illegal aliens to "come out of the shadows and contribute to [Oregon’s] economic recovery," and hinting at his desire for illegal aliens to be allowed to own driver’s licenses again. (See Gov. Kitzhaber Letter, May 1, 2012)

New York Steps Closer to Private Tuition Fund for Illegal Aliens

The New York State Assembly approved legislation last Tuesday that would permit illegal alien college students to participate in the state’s Tuition Assistance Program (TAP). (El Diario, May 3, 2012)

Bill #A08689B, which establishes the New York DREAM Fund Commission, passed the Assembly by a vote of 163 to 3. (See A08689B Votes, May 1, 2012) The 12-member commission will raise private funds for college tuition scholarships for illegal alien minors. The DREAM fund will also make family tuition accounts available to anyone who provides a valid taxpayer identification number, which the IRS grants to illegal aliens because they do not have valid Social Security Numbers. (See A08689B, May 1, 2012; see also New York Daily News, May 1, 2012)

A DREAM Act report produced by the pro-amnesty New York Fiscal Policy Institute (FPI) estimates the cost of funding illegal alien college tuition in New York to be around $17 million annually. (New York Fiscal Policy Institute Report, Mar. 9, 2012) New York’s taxpayers already subsidize illegal alien college students by allowing them to pay in-state tuition rates, and pays over $4.8 million annually in K-12 education for illegal aliens. (See FAIR Summary on States Permitting In-State Tuition for Illegal Aliens, Sept. 2011; see also FAIR Illegal Immigration Cost Study, July 2010)

FPI’s report attempts to justify these costs by arguing that an increase in "the education levels of workers also increases their productivity…." (New York Fiscal Policy Institute Report, Mar. 9, 2012) However, the students who would benefit from this tuition funding are currently prohibited by law from being employed in the United States. (See INA § 274A(h)(3))

The New York bill, which is similar to legislation passed by Illinois last year, now awaits consideration by the New York State Senate. (See  A08689B, May 1, 2012; see also FAIR Legislative Update, May 9, 2011)

Justice Dept. Seeks to Intimidate Alabama School Districts

In its relentless quest to prevent state and local officials from enforcing immigration laws, the Department of Justice (DOJ) last week sent another letter of intimidation to the Alabama State Department of Education. In the letter, Civil Rights Division chief Thomas Perez drops a thinly veiled threat of litigation to persuade Alabama officials to back away from its immigration enforcement law, HB 56, and specifically the provision that requires schools to collect immigration data on its students.

To-date, Perez writes, the DOJ investigation shows that "H.B. 56 has had significant and measurable impacts on Alabama’s school children." These impacts, Perez states, have weighed most heavily on Hispanic and English language learner students.

Perez states these findings are based on local school data and anecdotal evidence. The local school data, which Perez says raises "significant concern," shows that between the start of the school year and February 2012, 13.4 percent of Alabama’s Hispanic schoolchildren withdrew from school. Remarkably, however, Perez appears unable to explain whether those school children re-enrolled in the same school district, re-enrolled in another Alabama school district, or left the state. He also does not specify what the normal withdrawal rate is in any given year to provide context.

Perez cites no other data given to him by the Alabama Department of Education to support his conclusions. Instead, he writes that anecdotal evidence backs up his claim that HB 56 is unlawfully impacting Hispanics residing in Alabama. Writing with deliberate vagueness, Perez states that "many" Hispanic students reported staying home from school or withdrawing out of fear and that "many students" conveyed that HB 56 made them "feel unwelcome in the schools they had attended for years." "Hispanic children," he adds, "reported increased anxiety and diminished concentration in school, deteriorating grades, and increased hostility, bullying, and intimidation."

This letter from the DOJ to the Alabama Department of Education is not the first. In November 2011, Perez sent a letter to Alabama demanding its schools provide data about student absenteeism since the beginning of the 2011-2012 school year. (See FAIR Legislative Update, Nov. 7, 2011) At first, Alabama Attorney General Luther Strange balked at the request for local school data, but later the state agreed to cooperate with the DOJ investigation. However, it appears that the local school data, which Alabama sent to the DOJ in early April, did not provide the DOJ with the evidence of discrimination it sought as the most recent letter focused almost entirely on anecdotal reports and recitations of existing federal law.

The timing of this last DOJ letter was also unmistakable. It was sent to Alabama officials the very week the state legislature was scheduled to debate and vote on changes to HB 56. As it turns out, however, the Alabama Senate postponed debate on the legislation to amend HB 56 (HB 658) to this week. Read more about Obama Administration Weakens Secure Communities

One of the newest trends illegal aliens are embracing as a means to escape deportation might surprise you: they’re going public.

This brazenness is thanks to the Obama Administration’s issuance of prosecutorial discretion guidelines, which direct DHS agents to ignore illegal aliens so long as they are not convicted of crimes the Administration deems serious. (See FAIR’s Morton Memos Summary, Jan. 2012)

This mandated “discretion” sends a clear message to illegal aliens that it’s okay to break the law. The amount of confidence bestowed by President Obama’s administrative amnesty policies has been enough to encourage illegal aliens to come out of hiding, stage their own rallies, and even challenge immigration authorities directly.

Here is a sampling of these “coming out” stories:

• In February, José Luis Zelaya, a graduate student at Texas A&M University, gained attention by running for the highly publicized position of Student Body President, integrating his illegal status into his campaign platform. (Fox News Latino, Feb. 29, 2012)

• Daniela Palaez of Florida gained nationwide attention in March when she was named her high school’s 2012 valedictorian. Palaez, who was brought to the U.S. as a young child, was facing imminent deportation until her story went viral and Florida Reps. Illeana Ros-Lehtinen and David Rivera, as well as Sens. Marco Rubio and Bill Nelson, made public appeals on her behalf. Within four days, ICE granted Palaez a two-year deferment of deportation, citing prosecutorial discretion. (FOX Phoenix, March 2, 2012; see also CBS Miami, March 6, 2012)

• In mid-April, Florida State University Law School graduate and tourist visa overstayer Jose Godinez-Samperio was spotlighted by the media when he petitioned for admission to the Florida Bar Association. The Florida Board of Bar Examiners is now requesting decision assistance from the Supreme Court, which marked the case “high profile.” (Chicago Tribune, April 16, 2012; see also Orlando Sentinel, April 15, 2012)

• Mohammed Abdollahi, an illegal alien residing in Michigan, brazenly explained that “the more public [illegal aliens] are with our stories, the safer we are.” (USA Today, March 12, 2012) Abdohalli, fearing he would be deported after years of living in the country illegally, got himself arrested and publicly pled his case. Sure enough, his lawyer was notified by an immigration official that Abdohalli would not be pursued for deportation. (Id.) Abdollahi now works for the National Immigrant Youth Alliance (NIYA).

• Most recently, Dulce Matuz, an illegal alien and graduate of Arizona State University, was granted a coveted spot on TIME Magazine’s 2012 list of the Top 100 Influential People in the World. Matuz, who is the founder of the Arizona DREAM Act Coalition, is working hard to reach Latino voters in Arizona with her belief that illegal immigrants deserve a pathway to citizenship. (WCVB-Boston, April 20, 2012; see also TIME Magazine, April 18, 2012)

So many illegal aliens feel comfortable going public under this Administration that they’ve even created their own day of recognition. National Coming Out of the Shadows Day was first hosted in 2010 by the Immigrant Youth Justice League (IYJL). The group’s Facebook page proudly notes that their event spurred “actions of civil disobedience” in a multitude of states. (See IYJL Facebook Page; see also Business Week, April 16, 2012) One such action took place in Philadelphia, where two illegal alien students challenged immigration officers by entering an ICE field office and declaring their illegal status. They were arrested for blocking a street and ICE initially filed detainers on the two students, but eventually released them without consequence. (Bi-College News, March 20, 2012)

While some illegal aliens choose to “remain in the shadows,” a growing number continue to flaunt their status as if their unlawful presence alone merits citizenship, and suddenly a different descriptor comes to mind: entitled.

The rise in confrontational tactics by illegal aliens provides clear confirmation that President Obama’s administrative amnesty measures are serving as positive reinforcement to the illegal community, cementing the idea that illegal aliens deserve citizenship simply due to their presence. Read more about Illegal Aliens Continue Going Public to Avoid Deportation

The three men accused in the killing of Jose Felipe Hernandez-Leiva were found guilty of murder Tuesday afternoon in Linn Circuit Judge Carol Bispham’s courtroom.

Edgar Hernandez-Mendoza, 25, Abiu Antonio Padilla, 38, and Jose Juarez-Alvarez, 30, beat Leiva to death during a drunken argument April 30, 2011, at an apartment within a warehouse in Harrisburg where they all lived while working together picking salal.

The jury began its deliberations about 2:30 Monday afternoon and recessed at 6 that night. It met at 9 a.m. Tuesday and returned with its decision about 3:30 p.m.

Bispham polled each juror asking if a verdict had been reached for each defendant and if the juror agreed with that verdict for each defendant.

All agreed and a verdict of guilty of murder was read aloud.

The verdict was translated simultaneously into Spanish using an interpreter. The defendants showed no emotion upon hearing it.

“I know it’s been a long case,” Bispham said to the jury. “It’s been a difficult case for you, I can see it in your faces as you are listening.”

“It’s not easy and it’s not always pleasant,” she continued. “But it’s what makes our system work.”

The judge said she would be in the jury room to thank each juror personally.

Sentencing was set for 11 a.m. Thursday, April 26, in courtroom 1. The mandatory sentence for murder in Oregon is life in prison.

According to trial testimony by material witness Luis Martinez-Jimenez, Leiva was still moaning when he implored the other men to not hit Leiva so hard. He testified he told the men to stop or they were going to kill Leiva. He then went to bed.

When he got up the next day, he said he saw Leiva’s lifeless body outside.

The three men then put the body in a sleeping bag, wrapped it with twine and dumped it in some brush nearby — between Interstate 5 and the warehouse on Belts Drive.

Three weeks later, a man out searching for a pet cat discovered the body.

On May 25, 2011, Hernandez-Mendoza and Juarez-Alvarez were arrested on the job at Stahlbush Island Farms near Corvallis. Martinez-Jimenez was also arrested at that time for the lesser charge of hindering prosecution.

Padilla was arrested June 16 at an apartment in Marion County.

The men were being lodged at the Linn County Jail.

George Eder and Douglas Marteeny prosecuted.

Hernandez-Mendoza was represented by Nicolas Ortiz of Corvallis, Padilla was represented by Randall Vogt of Portland and Juarez-Alvarez was represented by John Rich of Corvallis.

  Read more about Three convicted of Linn murder

President Obama’s administrative amnesty for illegal aliens has never been adequately covered in the mainstream media.　 It’s only on the internet and talk radio that the public learns much about the numerous sweeping actions he's taking to enable illegal aliens to stay in the U.S.

FAIR and the Center for Immigration Studies continue to issue updates on the various actions.　 Also OFIR members who have signed up with NumbersUSA for alerts receive updates with opportunities for free faxing to Congress urging action to stop the administrative amnesties.　

In their campaigns, the leading Republican candidates for President are speaking against amnesties.　 We should encourage them to support strict enforcement of the immigration laws and mandatory use of E-Verify.　 Contact information is available on NumbersUSA’s page on candidates.　 Click on the photograph of each candidate.

For a detailed listing of actions Pres. Obama has undertaken that favor illegal aliens and help them to stay here, read this article from FAIR’s website:

President Obama's Immigration To-Do List Is Almost Complete

By Bob Dane and Kristen Williamson, Federation for American Immigration Reform

Published November 13, 2011 | FoxNews.com

http://www.fairus.org/site/News2?page=NewsArticle&id=24535&security=1601&news_iv_ctrl=1742

Advocates for open borders and illegal alien amnesty must be pleased. President Obama has accomplished almost everything on their Wish List, short of a massive amnesty bill. But the president’s checklist achieves almost the same thing, of course without Congressional approval. Public demand for secure borders and interior enforcement has been ignored while Congress’s constitutional authority to regulate immigration has been simply bypassed.

To date, the scope of President Obama’s immigration to-do list is shocking and nearly complete:

Enact backdoor amnesty

- Accomplish administratively what is not possible legislatively.

- Issue new ICE memos radically changing deportation policies.

- Create clandestine interagency working group to review 300,000 pending removal cases. Use new deportation polices to justify dismissing most.

- Grant work authorization to illegal aliens allowed to stay.

- Focus enforcement only on violent criminal aliens. Release most others and suggest that immigration violations, in and of themselves, are of little consequence.

Intimidate every state that dares to enforce existing federal immigration laws

- Sue Alabama, Arizona and South Carolina. Threaten other states even thinking about enacting immigration bills.

- Claim federal preemption precludes states from participating in enforcement while simultaneously preventing federal authorities from enforcing the law. Create chaos and constitutional crisis when no one is allowed to do it!

Allow state and local law enforcement to thwart federal authorities

- Ignore Illinois, Massachusetts and New York efforts to stop participating in the Secure Communities program.

- Do not intervene in sanctuary cities that impede federal immigration enforcement.

Continue to push blanket amnesty in Congress

- Encourage Senate Democrats to pass the DREAM Act. Blame Republicans each time it fails.

- Include DREAM Act beneficiaries in the aforementioned new administrative amnesty policies – just in case the American public and Congress reject the bill, yet again.

Falsely claim that the border is secure

- Declare the border is secure, despite only 32 miles of the 700 mile double fence being completed.

- Scale back transportation checks at hubs along the northern and southern borders. Ignore national security implications of doing so

Allow illegal and legal immigrants to displace American workers

- Do not include E-Verify in any jobs or economic plans.

- Ignore 9 percent unemployment and continue blindly conceding to big business and tech industry demands for higher levels of legal immigration.

- End pro-active worksite enforcement operations except for auditing I-9s.

- Lift ban on cross-border trucking agreement with Mexico.

Yes, the special interests are quite pleased. Although this is not to be confused with being satisfied which they never will be until the United States abolishes all barriers to entry, all criteria for admission, and abrogates national sovereignty.

Congress must reassert its authority and responsibility to regulate immigration laws before the complete and permanent dismantling of all immigration enforcement becomes the final checked item on Obama’s to-do list.

Bob Dane is Communications Director at the Federation for American Immigration Reform. Kristen Williamson is Communications Assistant at FAIR. Read more about Pres. Obama's Administrative Amnesty

Multnomah County commissioners will enter the nationwide controversy over illegal immigration Thursday, with a public hearing and vote on a resolution that takes a stand against, among other things, deporting people from jails who have not been convicted of a crime.

The resolution also raises concerns about breaking up families, eroding trust with immigrant communities and the implementation -- scheduled for April -- of a federal system to prioritize immigration cases against convicted criminals, as outlined a year ago.

"We have families being torn apart," said Marissa Madrigal, chief of staff to County Chairman Jeff Cogen. "We can't control the federal government, but we can take a stand and say, 'Do what you said you were going to do.'"

It's unclear how much practical effect the resolution would have. A representative of an Oregon group that opposes illegal immigration criticized the resolution, while a network of civil liberties, labor and other groups praised it and pledged to spread the idea to other Oregon counties. Officials in Washington and Clackamas counties said there is no talk of following suit, however, at least not yet.

"Multnomah County is breaking ground in Oregon and the entire Pacific Northwest," said Francisco Lopez, executive director of CAUSA Oregon, a pro-immigrant group. "ICE is making our streets unsafe."

Multnomah County may be the first Oregon county to stake a position, but it is far from the first government to weigh in on illegal immigration. Some jurisdictions -- the state of Arizona is the best-known example -- have sought to help federal efforts to identify and deport undocumented residents.

On the other side, Portland and many other U.S. cities such as New York and San Francisco have declared themselves "sanctuary cities," enacting policies that prevent police officers from inquiring about a person's immigration status. Portland also developed a reputation for bucking federal priorities when it delayed rejoining the FBI's Joint Terrorism Task Force.

In 2010, the Portland City Council joined officials from other governments in opposing Arizona's crackdown on illegal immigrants. More recently, some Portland residents fought plans for a U.S. Immigration and Customs Enforcement building, with detention space, in the South Waterfront neighborhood. Those plans were recently approved.

In their resolution, county commissioners list "deep concern" over the federal Secure Communities Program, which gives ICE access to jailhouse fingerprints, leading to the possible deportation of people booked into county jails but not convicted of a crime. Commissioners object to the use of county resources in the process, and cite safety and trust concerns.

Commissioners call on ICE to tell the public how many people it has deported, or is in the process of deporting, under the program -- including minors and people leaving children behind.

The resolution also takes issue with a program called Enforce, to take effect next month, that seeks to bring conformity to detention and deportation decisions. Commissioners say it's unclear how the program will work here.

CAUSA and civil liberties activists support the resolution, arguing that policies that create fear among immigrants deter them from reporting crimes, eroding safety for everyone.

Immigrants themselves need security, said Becky Straus, legislative director for the American Civil Liberties Union of Oregon.

"Immigration status aside, racial identity aside, everyone deserves the protection of the (U.S.) Constitution," Straus said.

But Jim Ludwig, a spokesman for Oregonians for Immigration Reform, which opposes illegal immigration, railed against the proposal. He called Secure Communities a good program for excluding immigrants arrested and jailed on suspicion of having committed crimes.

Of county officials, he asked: "What type of person do they want to have here?"

Multnomah County commissioners meet at 9:30 am Thursday at 501 SE Hawthorne Blvd.

  Read more about Multnomah County commissioners weigh in on federal immigration policy

A recently released 2011 reference guide for analysts working for the Department of Homeland Security’s (DHS) Media Monitoring Capability program reveals its mission includes keeping an eye on those who disagree with the Administration’s backdoor amnesty initiatives. (NY Times, Feb. 22, 2012) According to the guide, DHS is directing its analysts to identify and monitor “media reports that reflect adversely on DHS,” and track reports on the Administration’s “policy changes” in immigration and the term “illegal immigration” in particular. (Id.; see also 2011 DHS Manual, pp. 5-6)

The 2011 guide raises questions about recent claims by DHS officials who portrayed the program as limited to gathering information that would help gain operational awareness about attacks, disasters or other emerging problems. In addition to the analyst guide, DHS documents released in 2009 also indicate the Department is monitoring more than terrorist activity. Those documents reveal that DHS’ Social Networking/Media Capability program placed emphasis on gauging “public reaction to major government proposals with homeland security implications.” (See EPIC webpage; see also DHS documents acquired by EPIC)

The negative reaction to DHS’ “big brother” tactics has been overwhelmingly bipartisan. On Feb. 16, the House Subcommittee on Counterterrorism and Intelligence held a hearing on DHS’ monitoring of social networking and the media. (See Subcommittee Website, Feb. 16, 2012) Chairman of the Subcommittee, Patrick Meehan (R-PA), said DHS’ collection of intelligence on media reports adversely reflecting the government crosses the line and pointed out the “chilling effect” such monitoring could have on freedom of speech. (Rep. Meehan Opening Statement, Feb. 16, 2012) Ranking Member Jackie Speier (D-CA) described DHS’ ability to “build files on bloggers” as “outrageous” and a “violation of the Privacy Act.” She also said, “This…should not be a political operation and capturing public reactions to major government proposals is not something [the government] should be doing.” (Bloomberg Government Transcript, Feb. 16, 2012)

At the same hearing, DHS Chief Privacy Officer Mary Ellen Callahan denied allegations that DHS is capturing public reactions. “[Such behavior] would not have met the privacy standards that are in the five publicly available privacy impact assessments we've done.” (Bloomberg Government Transcript, Feb. 16, 2012)

The DHS analyst guide continues a pattern of efforts by President Obama to suppress views contrary to his Administration’s, such as the White House’s “flag” program during the healthcare debate and his campaign’s AttackWatch.com. Read more about DHS Uses Social Media to Monitor Backdoor Amnesty Blowback