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Judge lets Ariz. immigrant license policy stand

A judge on Thursday refused to halt Gov. Jan Brewer's order that denies driver's licenses for young immigrants in Arizona who have gotten work permits and avoided deportation under an Obama administration policy.

U.S. District Judge David Campbell denied a request from immigrant rights advocates for a preliminary injunction and threw out one of their arguments, but their lawsuit remains alive as they pursue arguments that the young immigrants are suffering from unequal treatment.

Arizona's refusal to view those in President Barack Obama's Deferred Action for Childhood Arrivals program as legal residents has become the most visible challenge to his announcement in June that some young immigrants would be protected from deportation. The Department of Homeland Security has said immigrants with work permits issued under the policy are lawfully present in the U.S.

Campbell rejected the argument by immigrant rights advocates who said Brewer's policy was unconstitutional because it's trumped by federal law.

"This portion of the ruling is not only a victory for the state of Arizona _ it is a victory for states' rights, the rule of law and the bedrock principles that guide our nation's legislative process and the division of power between the federal government and states," Brewer said in a statement.

But the judge said the immigrant rights advocates are likely to succeed in arguing that the state lets some immigrants with work permits get driver's licenses but won't let immigrants protected under Obama's program have the same benefit.

Cecillia Wang, a lawyer for the American Civil Liberties Union, one of the groups representing the immigrants, said those who challenged Brewer's policy will examine their options in court for protecting the young immigrants.

"It's keeping people out on a limb," Wang said of the ruling.

Last summer, the Obama administration took administrative steps to shield thousands of immigrants from deportation. Applicants for the deferment program must have come to the U.S. before they turned 16, be younger than 30, have been in the country for at least five continuous years, be in school or have graduated from high school or GED program, or have served in the military. They also were allowed to apply for a two-year renewable work permit.

Arizona's policy allows anyone with lawful immigration status to get a driver's license, and more than 500 immigrants with work permits have obtained Arizona driver's licenses in recent years. But Arizona officials have said they don't want to extend driver's licenses to those in the new program because they don't believe the youths will be able to stay in the country legally.

Brewer's lawyers argued that Obama's policy isn't federal law and the state has the authority to distinguish between immigrants with work permits who are on the path toward permanent residency and those benefiting from Obama's policy. The state's lawyers argued Arizona isn't violating its own policy by refusing to grant licenses to the immigrants in the program, because the youths haven't been granted legal protections by Congress.

Immigrant rights advocates filed their lawsuit in November on behalf of five young-adult immigrants who were brought to the U.S. from Mexico as children. They were granted deferred-deportation protections under the Obama administration's policy but were denied driver's licenses in Arizona.

The lawsuit said Brewer's policy makes it difficult or impossible for such young immigrants to do essential things in their everyday life, such as going to school, going to the grocery store, and finding and holding down a job.

A similar lawsuit was filed in Michigan after officials there initially decided to deny young immigrants licenses, but the case was dropped when the state changed its policy last month. At least 38 states have agreed to give driver's licenses to immigrants benefiting from the Obama policy, but Nebraska and Ohio officials have also balked.

Brewer has clashed with the Obama administration in the past over illegal immigration, most notably in the challenge that the federal government filed in a bid to invalidate Arizona's 2010 immigration law. The U.S. Supreme Court upheld the law's most contentious section, but threw out other sections. Read more about Judge lets Ariz. immigrant license policy stand

DHS confirms cheaper to deport every illegal alien than allowing them to stay

On December 3, Department of Homeland Security Assistant Secretary for Legislative Affairs, Nelson Peacock, responding to request from several U.S. Senators, including Sen. John Cornyn (R-TX), wrote: “Our conservative estimate suggests that ICE would require a budget of more than $135 billion to apprehend, detain and remove the nation’s entire illegal immigrant population.”

In July 2010, the Federation for American Immigration Reform (FAIR) released the results of a study which examined the costs of illegal immigration at the federal, state and local levels. The study found that U.S. state and local governments shell out $84.2 billion annually in various services (law enforcement, schools, social services, etc.), with California taxpayers alone, spending $21 billion on illegal aliens every year.

The same study found that $29 billion is spent every year in federal funds on illegal aliens.

So, while it would cost a one-time fee of about $135 billion to deport every single illegal alien in the country, it is actually a bargain considering the fact that it already costs us $113 billion annually to keep them here.

In other words, the mass deportation would pay for itself in a little over a year. Incidentally, in 2007, the DHS estimated the cost of deporting all illegal aliens to be approximately $94 billion. Read more about DHS confirms cheaper to deport every illegal alien than allowing them to stay

Victory: federal Judge Upholds Arizona Governor Brewer's Order Denying Licenses to Illegal Aliens

A Federal judge on Thursday refused to halt Gov. Jan Brewer’s order that denies driver’s licenses for illegal aliens in Arizona who have gotten work permits and avoided deportation under Barack Obama’s “DACA” virtual amnesty.

The decision by U.S. District Judge David Campbell rejects the argument by immigrant rights advocates who said Brewer’s policy was unconstitutional because it’s trumped by federal law – an enormous victory for Arizona and defeat for Obama, which should immediately rally other states to deny licenses as well.

Arizona’s refusal to view those in President Barack Obama’s Deferred Action for Childhood Arrivals amnesty program as legal residents has become the most visible challenge to his announcement in June that some young immigrants would be protected from deportation. The Department of Homeland Security has said illegal aliens with work permits issued under the policy are lawfully present in the U.S.

Brewer’s lawyers argued that Obama’s policy isn’t federal law and the state has the authority to distinguish between illegals with work permits who are on the path toward permanent residency and those benefiting from Obama’s policy. The state’s lawyers argued Arizona isn’t violating its own policy by refusing to grant licenses to the immigrants in the program, because the youths haven’t been granted legal protections by Congress.

This is the same argument being made by ICE agent leader Chris Crane, who is suing Obama and DHS to halt this unlawful decree.

Obama, in July 2012, said people younger than 30 brought to the U.S. before they turned 16 could apply for “deferred action”. They will be granted work permits and Social Security numbers. As SWA detailed at the time, Obama’s amnesty order is ripe for abuse, as it has almost no safeguards against fraud.

Currently, Arizona, Iowa, and Nebraska prohibit driver’s licenses to DACA recipients, while California, Texas and Florida grant the licenses. Michigan initially denied licenses – until the DHS memo was released, whereupon they reversed course and will now grant them. North Carolina is currently waffling over whether or not to do so.

Each state must decide the issue for itself, according to the American Association of Motor Vehicle Administrators, which said, “At the end of the day, it’s a state-issued document, and the state has the authority to determine who is eligible for that document.”

We salute Gov. Brewer for standing tall for the rule of law – and directly against Obama – on this critical issue, where others have sadly floundered. We call on citizens to contact their governors to deny all illegal aliens drivers licenses, and cite this critical Federal judicial ruling to back it up.

Gov. Brewer issued a statement regarding the court’s order tonight…

Earlier tonight, a federal court UPHELD my Executive Order and Arizona’s law denying driver’s licenses to illegal aliens who President Obama has allowed to remain in our country under his outrageous deferred action program. The court ruled that Obama’s program DOES NOT preempt Arizona’s ability to determine who can re…ceive a driver’s license. This is a great victory for state’s rights and the rule of law! As Governor, I have taken an oath to uphold the laws of Arizona and I will continue to vigorously defend the citizens of Arizona and the duly-enacted laws of our State.

WTG Governor! Read more about Victory: federal Judge Upholds Arizona Governor Brewer's Order Denying Licenses to Illegal Aliens

Do you wonder what others think about illegal immigration? Check out OFIR'S letter to the editor link

Everyone has an opinion and one way to put it to good use is to write a letter to the editor of your local paper.

Be brief, be specific and be respectful.  A good idea is to ask someone else you know to read it before you submit it, to be certain there are no errors and that your intent is clear.

You can go to your newspaper's website and check out their policy for LTE's (letter's to the editor) regarding the word count limit, the best way and how often you can submit a letter, too. 

If you have a letter published, please share it with OFIR and we will post it on our website.

Don't know how to get started?  Check out some of these great letters! Read more about Do you wonder what others think about illegal immigration? Check out OFIR'S letter to the editor link

New immigration bill has more waivers and exceptions per page than Obamacare

“The revised [Gang of Eight] 867-page bill contains multiple changes from the first 844-page version, released April 18, but Democrats have not announced any delay to the committee review of the complex bill that begins next week. The bill includes roughly 1.14 waivers or exemptions per page. By comparison, the 2,409-page Obamacare law includes 0.78 waivers and exemptions per page… NumbersUSA has estimated that 33 million extra people would be able to apply to live in the United States because of the immigration bill, under the terms of the original draft.”

The Senate’s “Gang of Eight” has released a new version of the immigration bill that contains 999 references to waivers, exemptions and political discretion.

The revised 867-page bill contains multiple changes from the first 844-page version, released April 18, but Democrats have not announced any delay to the committee review of the complex bill that begins next week.

The bill includes roughly 1.14 waivers or exemptions per page. By comparison, the 2,409-page Obamacare law includes 0.78 waivers and exemptions per page.

The Obamacare law contains 1,882 mentions of “unless,” “notwithstanding,” “except,” “exempt,” “waivers,” “discretion” and “may.” “Waiver” is mention 209 times in the law.

The new draft of the immigration bill — which will allow officials much control over the supply and cost of labor needed by American companies — has 85 mentions of “unless,” 150 uses of “except,” 18 inclusions of “exempt,” 92 mentions of “waiver,” 42 offers of “discretion,” 47 use of “notwithstanding” and 618 uses of “may” in the 876-page bill.

The Daily Caller subtracted mentions of “may not” from both bills’ final tally of exemptions and options.

President Barack Obama backs the bill, and told reporters Tuesday that it “is going to be a historic achievement.”

The bill has been crafted by eight senators, led by New York Sen. Chuck Schumer, the third-ranked Democrat in the Senate.

Alex Conant, a spokesman for Sen. Marco Rubio, the leading GOP supporter of the pending immigration bill, did not respond when asked by email if Rubio will ask for a delay to let his fellow GOP senators and their staffers read and understand the new version.

Since January, Rubio has declared that senators and outside opponents of the bill will have plenty of time to review the bill’s contents and to urge changes.

“Senator Rubio has said from the outset that we will not rush this process, and that begins at the committee level,” Conant told The Washington Post April 12.

“The Judiciary Committee must have plenty of time to debate and improve the bipartisan group’s proposal. … We believe that the more public scrutiny this legislation receives, the better it will become,” Conant said.

“We don’t see anything really coming to the [Senate] floor before, at the earliest, sometime in May,” McCain told Fox News’ Greta Van Susteren April 11.

“We want to give it plenty of time.”

Jessica Brady, a spokeswoman for the Judiciary Committee, declined Wednesday to say if the Democratic-run committee would delay the bill’s review.

Instead, she forwarded April 25 remarks by committee chairman Vermont Sen. Patrick Leahy.

“When we next meet, the bill will have been publicly available for three weeks. So before we vote on any aspect of it we and the public will have had the bill for some time,” he said.  The bill is extremely complex.

For example, there are 47 mentions of the term “notwithstanding,” each of which creates an exemption to the bill or to existing law. On page 339 of the new bill, a paragraph requires the amnesty be extended to illegals who voluntarily left the United States or were deported.

“Notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), an alien’s application for an immigrant visa shall be considered if the alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act,” says the paragraph.

Another section allows the families of deported illegals, including family members who never visited the United States, to apply for the amnesty.

The limited-immigration group NumbersUSA has estimated that 33 million extra people would be able to apply to live in the United States because of the immigration bill, under the terms of the original draft.

The group — which wants to reduce the current annual immigration rate of 1 million — has not released an estimate of how many people could arrive under the new draft.

Advocates for the bill have highlighted at least one change in the new version, which is the addition of language that is said to plug a gap created by the bill’s immediate elimination of the current E-Verify system and its projected creation of a new E-Verify system. E-verify is used by employers to gauge whether a job applicant has the right to work in the United States.

 

  Read more about New immigration bill has more waivers and exceptions per page than Obamacare

Your calls urgently needed

Alert date: 
April 20, 2013
Alert body: 

If you have been wondering if there is anything you can do to help this sinking ship, which is called Oregon, I URGE you to call as many Legislators as you possibly can and ask them to please vote NO on Senate bill 833. 

This bill is very thinly veiled with unsubstantiated proclamations of public safety all while ignoring the simple fact that illegal aliens aren't supposed to be in our country at all...let alone driving back and forth to their jobs!

Call Committee members today and tell them you are very disappointed they have voted to advance this bill:

Sen. Lee Beyer (503) 986-1706 sen.leebeyer@state.or.us

Sen Bruce Starr (503) 986-1715 sen.brucestarr@state.or.us (thank him for voting NO)

Sen. Chris Edwards (503) 986-1707 sen.chrisedwards@state.or.us

Sen. Fred Girod (503) 986-1709 sen.fredgirod@state.or.us (thank him for voting NO)

Se. Rod Monroe (503) 986-1724 sen.rodmonroe@state.or.us

Sen. Chuck Thomsen (503) 986-1726 sen.chuckthomsen@state.or.us

Then, call your own Legislator:  http://www.leg.state.or.us/findlegsltr/home.htm and tell them you are a constituent and you do not want this bill to pass.  It's bad for Oregon.

 


 

Cops bust two drug mules on the same bus

In what police are calling a startling coincidence, two men with no connection to each other were arrested in Jackson County last week on the same northbound bus, both allegedly hauling pounds of heroin and methamphetamine.

Medford Drug and Gang Enforcement officials said the men were not working with each other. They just happened to get on the same bus in California with bags full of drugs, MADGE Lt. Brett Johnson said.

"We have no reason to believe these two were working with each other because the packaging was totally different and so were the drugs," Johnson said. "It's clear their drugs did not come from the same batch."

MADGE received a tip from federal agents who said Vincente Gomez-Chavez had 4.5 pounds of heroin and 1 pound of meth with him on a bus.

MADGE stopped the bus on April 9 near Phoenix and found Gomez-Chavez's stash, which Johnson said was some of the purest heroin local officers have seen in some time.

"This looked like it was poured directly from the lab and into the bags," Johnson said. "It would be too pure for anyone to use."

Usually heroin is mixed with several other materials to expand its volume and therefore its value, Johnson said.

Johnson said the meth found in Gomez-Chavez's luggage was a potent type of crystal most likely brewed in a super lab in Mexico. Gomez-Chavez would not provide a hometown, but police said they believe he lives in California.

As MADGE was checking the luggage officers learned that another man on the bus also was believed to be moving a load of drugs through the area.

Officers approached Jaime Joel Ruiz-Perez, 27, of Salem, and said they found that he had several plastic containers filled with meth stored on the bus.

The meth was from a different batch than that found on Gomez-Chavez, though it, too, was high quality, Johnson said.

"He had them broken into 11 containers, which equaled about a pound each," Johnson said.

Between the two of them, police figure about $700,000 in drugs was on the bus.

"It just happened that they were two guys on the same bus line with a large amount of drugs," Johnson said. "Whoever was their supplier is not going to be happy to lose that amount of drugs."

Both men remain lodged in the Jackson County Jail without bail.

Throughout the year, MADGE periodically stops buses rolling up and down the interstate.

"In this case, we had separate tips and worked them at the same stop," Johnson said. Read more about Cops bust two drug mules on the same bus

Driver’s license bill likely to prevail

SALEM — At the urging of immigrant rights groups, several significant business associations and Gov. John Kitzhaber, lawmakers appear likely to approve a bipartisan bill this session that would create a new short-term driving license for illegal immigrants.

Proponents believe the concept is grounded in realism, allowing a population that already lives and works in Oregon to drive legally and with insurance, until various immigration-related issues are comprehensively addressed at the federal level.

But that doesn’t mean there aren’t plenty of Oregonians who have a visceral conviction that the policy gives an unwarranted benefit to lawbreakers, encouraging more illegal immigrants to come to the state, and without necessarily making the state’s roads any safer. Those conflicting viewpoints were expressed in full voice at a heavily attended first public hearing Thursday on Senate Bill 833. Although public testimony was limited to two minutes per person, many who had signed up to testify were unable to do so at the two-hour hearing, while those watching the proceedings spilled into at least three overflow rooms.

Mariana Alvarez Flores of Salem said she had taken the day off from her job as a farm laborer to testify to the committee in favor of the bill.

“I don’t like driving without a license, but right now I have no other option,” she said through a translator.

Conversely, Cynthia Kendoll, the president of Oregonians for Immigration Reform, said the proposal “is wrong on every level.”

“Just because you can pass a bill, doesn’t mean you should,” she said.

Under SB 833, four-year licenses — rather than the eight-year licenses possessed by most Oregon drivers — could be granted to individuals who can provide proof of identity and at least one year of Oregon residency.

The new type of licenses would be slightly more expensive than typical Class C licenses, at $74 with a $54 renewal fee after four years, although several amendments are being considered that would lower the amounts.

No commercial license would be similarly made available.

Sen. Chuck Thomsen, a Hood River Republican who is co-sponsoring the bill, noted that the licenses, or “driving cards” as they may ultimately be named, wouldn’t allow a holder to register to vote, or to purchase a gun. They also couldn’t be used as a legal form of identification for miscellaneous non-driving purposes, as typical licenses can be, he added.

“This is a very important piece of legislation that affects a lot of ... good people and their families who live here in Oregon,” he said.

Rep. Kim Thatcher, a Keizer Republican, was one of several who testified who cited examples of vehicle accidents involving illegal immigrants.

“I tell you this story not because I think all people without (citizenship) documents are driving around drunk,” she said. But “this is an illustration of what can happen when we issue licenses to people who shouldn’t have them to begin with.”

No further public hearings on the proposal are expected in the Senate. The bill has been scheduled for a work session on Monday, where it could be amended and voted to the chamber floor. Read more about Driver’s license bill likely to prevail

Jose Lizarraras-Chacon needs a driver license

Jose Lizarraras-Chacon and his wife Maria Gonzalez-Torres want their driver licenses restored so they can continue to sell heroin.  By not reporting the income she earned selling drugs, Maria was able to collect over $1,100 in welfare benefits, as well. They will need to wait a few years, however.

Read the full article here.
  Read more about Jose Lizarraras-Chacon needs a driver license

69% Favor Use of U.S. Military on Border to Keep Mexican Drug Violence Out

Voters remain more concerned about Mexican drug violence coming to this country than they are about illegal immigration, and most favor use of the U.S. military on the border to prevent it. A new Rasmussen Reports national telephone survey finds that just 34% of Likely U.S. Voters are more concerned about illegal immigration. Fifty-seven percent (57%) worry more about drug violence. (To see survey question wording, click here.) Those figures are little changed from four years ago.

The survey of 1,000 Likely Voters was conducted on April 3-4, 2013 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. Read more about 69% Favor Use of U.S. Military on Border to Keep Mexican Drug Violence Out

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