illegal aliens

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

A two-hour debate Thursday on issuing state driver’s licenses without proof of legal presence got personal for both sides.

Mariana Alvarez Flores, a Salem farm worker and mother of three, told lawmakers in Spanish through a translator she doesn’t like driving without a license but she currently has no other option.

“In my case, I’m unable to take my children safely to their doctor’s appointments, to school and to the babysitter,” she told lawmakers during a public hearing.

By getting a short-term license, under Senate Bill 833, supporters argued it would create safer roads because these drivers would be required to go through training and purchase automobile insurance.

Some Salem residents and lawmakers disagreed, arguing that the bill only condones illegal behavior and would make the state a magnet for illegal immigrants while doing nothing to increase public safety.

Rep. Kim Thatcher, R-Keizer, shared the story of Craig and Judy Cox, who were hit twice by drunken drivers she said were here illegally. Judy Cox died in the second accident while traveling with her husband between St. Paul and Newburg in 2007.

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

While opponents geared the debate toward immigration, proponents — including the Oregon Farm Bureau, the Oregon Restaurant & Lodging Association, the Oregon Commission on Hispanic Affairs and immigration groups — said the bill is merely a matter of public safety.

Applicants would still need to pass the written and driving-skills test and prove their identity, date of birth and residency in Oregon for one year, under Senate Bill 833.

The license, which cannot be used for identification, would last four years.

Sybil Hebb, the director of legislative advocacy of the Oregon Law Center, said the bill would help break down the barriers to poverty by helping low-income people get to work safely.

Victims of domestic violence and the homeless are among people who may not have proof of legal presence, she noted.

Proof of legal presence was required under a 2008 law, which lawmakers passed to comply with the requirements of the federal Real ID Act. The act does allow states to issue other licenses clearly marked as invalid for federal identification purposes.

Other states such as Washington and New Mexico currently issue licenses without proof of legal presence.

The driver’s license bill is not the only legislation that has pitted immigration-rights groups against immigration critics this session. Gov. John Kitzhaber signed into law in April a bill that would allow in-state tuition for students whose parents came to the United States illegally.

Dozens of people signed up to testify on the bill Thursday and the Chairman of the Senate Transportation Committee said after the hearing he’s not sure yet if there will be enough votes to move the legislation to the floor.

“I haven’t polled the committee so I have no knowledge of that. We have a few amendments that we need to discuss and see what’s there,” said Sen. Lee Beyer, D-Eugene.

After the hearing, hundreds of immigration advocates from Causa Oregon gathered outside the Capitol.

“Sí, se puede,” they chanted as they pumped their fists in the air.

Translation: Yes, We Can.

Reporter Peter Wong contributed to this report. Read more about Debate on immigrant licenses gets personal

A bill introduced Tuesday would allow some people without immigration documents to obtain a short-term Oregon driver’s license.

Senate Bill 833 has not been assigned to a committee for a hearing.

The bill would allow the state Driver and Motor Vehicle Services Division to issue licenses without proof of legal presence in the United States if applicants meet all other conditions. Such licenses would be valid for four years, half the standard eight years.

Applicants still would have to prove their identity, date of birth, and residence in Oregon for one year, as well as pass the written and driving-skills tests.

Such licenses could not be used for federal identification purposes, such as boarding commercial aircraft or entering federal buildings.

Lawmakers in 2008 required proof of legal presence in the United States as a condition of obtaining a state license or identification card. They did so to comply with requirements of the federal Real ID Act, which does allow states to issue other licenses if clearly marked as invalid for federal identification purposes.

Eleven months ago, Gov. John Kitzhaber said he would convene a group to resolve the issue of licenses for those who lacked the documents.

“People need to pass a test, obtain a license and insurance to be on the roads. We all need to get to church, the store and work,” said Jeff Stone, executive director of the Oregon Association of Nurseries and part of the group.

“We have worked hard to craft a bill that allows our law enforcement officials to know when they are looking at a valid driver’s license. Senate Bill 833 is a reasonable solution to the problem.”

The bill is expected to face opposition from Oregonians for Immigration Reform.

“Before the 2008 law, Oregon’s license had become the gold standard for potential terrorists and drug traffickers because it was good for eight years and didn’t require any proof of legal presence,” said Jim Ludwick of McMinnville, a spokesman. “Five years later, we are right back in the same place.”

Francisco Lopez, executive director of Causa Oregon immigrant-rights group, said there are about 200,000 Latino workers in Oregon.

“We are contributing members of the community and the economy,” he said.

Washington and New Mexico do not require proof of legal presence for licenses; Washington issues an enhanced license valid for federal purposes. Utah issues a driver privilege card that must be renewed annually.

The bill is sponsored by four Democrats and four Republicans in both chambers.

They are Sens. Chip Shields, D-Portland; Arnie Roblan, D-Coos Bay; Bill Hansell, R-Athena; Chuck Thomsen, R-Hood River, and Reps. Chris Harker, D-Beaverton, Jessica Vega Pederson, D-Portland, Vic Gilliam, R-Silverton, and Mark Johnson, R-Hood River. Read more about Short-term driver's license bill introduced

A Salem grocery store owner and nine of his customers were arrested in connection with a food stamp scheme that cost Oregon’s nutrition assistance program at least $120,000 during the past year, according to Salem Police.

Officers started watching Pantiaguas Produce on 1805 Silverton Road NE after a customer called to complain that an acquaintance stole the money off his Oregon Trail Card.

“He was upset because he said ‘I am trying to feed my family off that card,’ ” Lt. Steve Birr said.

When officers investigated the theft, they discovered a troubling pattern.

Birr said customers would enter the store with their Electronic Benefits Transfer cards and owner Holver Paniagua-Millan, 22, would do one of two things.

“If you had $160 on your card, he would swipe it for $160 and pay you $80 and keep $80 for himself,” Birr said. “Or he would keep the card, and go out and buy meat for his taco stand and then pay you 50 cents on the dollar for what he ran up on your card.”

Paniagua-Millan was earning about $5,000 per month from the scheme, Birr said.

About 800,000 Oregonians used EBT cards in 2012, said Gene Evans, spokesman for Oregon’s Department of Health Services.

The cards allow people to purchase only certain foods and household products from participating retailers. The state’s fraud team investigates individuals who either falsify information to obtain the cards or try to use them in an unauthorized manner.

On March 7, officers and agents from the U.S. Department of Agriculture decided to start making arrests. During a three-hour stakeout, they arrested Paniagua-Millan and four of his customers. Paniagua-Millan was charged with racketeering, five counts of computer fraud, five counts of food stamp fraud and three counts of identity theft.

Four other people were arrested later.

Retailer fraud — which is alleged in this case — is handled by the federal government.

“We make sure that people who are caught committing fraud are disqualified from the program,” Evans said.

Whether that disqualification is permanent or temporary depends on how much money a person stole and for how long a period of time he or she was stealing.

He pointed out that in 2012, less than one percent of food stamp recipients — about 4,000 cases — were caught using their cards fraudulently.

“We want to make sure that the people who are getting the benefits are the people who need them,” Evans said. “Incidents like this hurt the credibility of the program and people who need it.”

As for Pantiaguas Produce, Evans said the Department of Agriculture would decide whether to suspend the store’s ability to accept EBT payments.

“I can’t speak to what the outcome will be, but this wasn’t inadvertent,” Evans said. “This looks like intentional activity.”

Birr said there could be more arrests in this case as well as new investigations into other retailers.

“We are probably going to pursue more investigations with the Agricultural Department,” Birr said. “I think this is only the tip of the iceberg.”

Paniagua-Millan

Other arrests

The following people were arrested in addition to Paniagua-Millan:
• Meleda Cook, 54, of Keizer faces charges of two counts of food stamp fraud
• Heidi Timberman, 40, of Salem faces charges of food stamp fraud, possession of heroin and a parole violation
• Joseph Sieg, 49, of Salem faces a charge of food stamp fraud
• Mary Vaughn, 55, of Salem faces a charge of food stamp fraud
• Bob Ullom, 51, of Salem faces charges of two counts of food stamp fraud and two counts of identity theft
• Craig Clendennen, 47, of Salem faces charges of food stamp fraud and identity theft
• Amber Roseander, 19, of Salem faces charges of food stamp fraud, attempted food stamp fraud and identity theft
• Ronnie Crawley, 32, of Salem faces a charge of food stamp fraud
• Melanie Farmer, 39, of Keizer faces a charge of food stamp fraud

astaver@StatesmanJournal.com, (503) 399-6610, or follow on Twitter @AnnaStaver

http://www.statesmanjournal.com/article/20130326/NEWS/303260027/Ten-arrested-Salem-food-stamp-fraud-case

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