illegal immigration

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

A team of smoke jumpers fighting fires in the Applegate unknowingly dropped into a 1,500-plant marijuana garden this week, sheriff's officials said.

The locally-based smoke jumpers parachuted into the garden as they were searching for lightning-sparked fires, Jackson County sheriff's spokeswoman Andrea Carlson said.

The firefighters contacted law enforcement, who pulled the plants from the site on Tuesday, Carlson said.

"They had no idea they were dropping into a marijuana garden," Carlson said.

The sheriff's department said it is unusual to find a large marijuana garden this early in the year.

People usually stumble into the gardens in the late summer or early fall.

Most of the plants were small and growing inside plastic pots.

"They were in starter kits, so to speak," Carlson said.

The grow site was littered with hills of garbage, much of it harmful chemicals that can pollute soil and streams in the area, officials said.

At least two people were believed to be camping at the garden, keeping armed watch over the plants as they grew over the summer, Carlson said.

"These plants were going to be harvested in late summer or early fall," Carlson said.

The amount of garbage was disturbing, though not surprising considering what deputies have seen piled up at previous gardens found in the forest, she said.

"If you consider at least two people were eating two meals a day and then throwing the food containers away, and that it takes a lot of chemicals and fertilizers to start these grows, that's a lot of trash," Carlson said. "It's very bad for the environment of our forests."

The sheriff's department is putting together a group of volunteers who will hike into the garden to haul out the trash in the coming weeks, Carlson said.

"We won't just let it sit out there," Carlson said.

There were 1,509 plants at the site, along with hundreds of additional holes dug for future planting. Authorities also found two long guns and other evidence that suggested the garden was part of a Mexican cartel operation, Carlson said. She declined to elaborate, citing the ongoing investigation.

Those recreating on federal lands should be aware of the dangers of coming across possible grow sites, officials say. Telltale signs are PVC piping or black poly-pipe, bags of fertilizer, large quantities of trash and camp sites. Those who come across such sites should leave immediately the way they came in, police say. If possible, take note of the location on a GPS and make a waypoint but do not linger or investigate further. Upon returning home, call the local sheriff's department and provide accurate road descriptions and drainage or creek names.

"Anything that doesn't add up to the way the woods should look should give you a clue that you're in a marijuana grow," Carlson said. "Just head back the way you came and immediately call law enforcement."

Most of the marijuana plants at the grow site were small and inside plastic pots, said sheriff’s officials. Read more about Smoke jumpers plant landing in pot 'starter kits'

A national biometric database of virtually every adult in the United States would be created under the comprehensive immigration reform legislation currently being debated in the Senate.

Such a database, introduced on page 178 of the 844-page bill, has privacy groups fearing that it is the first step toward a national identification system, Wired.com reports.

The reform bill would create a “photo tool” — a huge federal database — that would be administered by the Department of Homeland Security, Wired reports.

It would contain the names, ages, Social Security numbers and photographs of everyone in the nation with a driver’s license or other state-issued photo ID.

Employers would be required to check the database for every new hire to verify that they match their photo, Wired reports.

The database seeks to curb the employment of undocumented immigrants, but privacy advocates fear widespread abuse on many levels.

“It starts to change the relationship between the citizen and state. You do have to get permission to do things,” Chris Calabrese, a congressional lobbyist with the American Civil Liberties Union, told Wired. “More fundamentally, it could be the start of keeping a record of all things.”

The legislation currently allows the database to be used solely for employment purposes — though such limitations haven’t lasted long historically, privacy advocates say.

They cite the Social Security card, created in 1936 to track individual government retirement benefits.

Now, the number is necessary virtually any major purchase, including health insurance.

“The Social Security number itself, it’s pretty ubiquitous in your life,” Calabrese said.

David Bier, an analyst with the Competitive Enterprise Institute, the libertarian think tank, agreed.

“The most worrying aspect is that this creates a principle of permission basically to do certain activities — and it can be used to restrict activities,” Bier told Wired. “It’s like a national ID system without the card.”

The Senate Judiciary Committee has not yet examined this part of the immigration bill, formally known as the Border Security, Economic Opportunity, and Immigration Modernization Act.

Debate is scheduled to continue on Thursday. Read more about Immigration Reform Bill Includes National Biometric Database

SALEM — Medford state representative Sal Esquivel and a fellow GOP legislator want voters to decide whether to overturn a new law that allows illegal immigrants in Oregon to obtain driver's licenses.

Esquivel, Rep. Kim Thatcher of Keizer and Portland activist Richard LaMountain with the group Oregonians for Immigration Reform are sponsors of a referendum submitted to the Secretary of State's Office Wednesday.

Referendum supporters will have to work quickly if they want to make the November 2014 ballot. They'll have to gather more than 58,000 valid signatures from registered voters within 90 days after the Legislature adjourns.

The law is scheduled to take effect Jan. 1, but it would be put on hold until after the election if referendum proponents successfully force a vote.

Critics say the law rewards illegal actions and might encourage more people without legal documents to come to Oregon.

"If someone is willing to disregard immigration laws, what other laws are they willing to disregard?" Thatcher said last month.

Esquivel, the son of immigrants, questioned the value of the law in a May 1 story in the Mail Tribune.

"They broke the law getting in the country, broke the law working, broke the law driving and broke the law by being uninsured," Esquivel said. "... I don't see where the card makes them buy insurance. Let's face the facts. They're not going to buy it."

Supporters, however, say it would make Oregon's roads safer by reducing the number of unlicensed and uninsured drivers.

"(The referendum) is trying to make this about immigration when this is a public safety issue about Oregon's roads," said Jeff Stone, director of Oregon Association of Nurseries and an architect of the law.

Stone said he's disappointed by the referendum, especially because the legislation passed with bipartisan support.

Gov. John Kitzhaber signed the bill last week before a throng of cheering supporters in front of the Capitol.

The law would allow tens of thousands of immigrants living in Oregon without legal permission to get driver's licenses good for four years, half as long as a standard Oregon license. Immigrants and others who don't have documents proving they are in the country lawfully, including elderly and homeless people, could apply for the driver's licenses if they've lived in Oregon for at least a year and meet other requirements.

The restricted driver's licenses could not be used to vote, board a plane or buy a firearm. The licenses would be marked "Driver's Card" to distinguish them from a standard Oregon license.
  Read more about Esquivel files to kill new driver's licence law

Earlier this today, the Heritage Foundation released its analysis on the fiscal costs to U.S. taxpayers should the Gang of Eight's amnesty bill pass in Congress. The study found that an amnesty for the nation's 11 million illegal aliens would cost taxpayers $6.3 trillion over the lifetime of the illegal aliens. The study compared dozens of ways that the government would collect taxes and fees from amnestied illegal aliens against the benefits they would receive from the federal government.

The study assigns all federal benefits to four separate categories:

• Direct benefits. These include Social Security, Medicare, unemployment insurance, and workers' compensation.
• Means-tested welfare benefits. There are over 80 of these programs which, at a cost of nearly $900 billion per year, provide cash, food, housing, medical, and other services to roughly 100 million low-income Americans. Major programs include Medicaid, food stamps, the refundable Earned Income Tax Credit, public housing, Supplemental Security Income, and Temporary Assistance for Needy Families.
• Public education. At a cost of $12,300 per pupil per year, these services are largely free or heavily subsidized for low-income parents.
• Population-based services. Police, fire, highways, parks, and similar services, as the National Academy of Sciences determined in its study of the fiscal costs of immigration, generally have to expand as new immigrants enter a community; someone has to bear the cost of that expansion.

Robert Rector, who conducted most of the research for the report, has been studying government-funded services for years and has found that only households with high levels of education pay more in taxes over their lifetime than those with lower levels of education.

The Pew Hispanic Center estimates that only 15% of illegal aliens have at least a college degree, while nearly three out of every four illegal aliens has no more than a high school diploma. Rector used government data similar to Pew's data to reach his conclusion.

Through Rector's research, he's determined that the average illegal-alien household receives around $24,721 in government services, while only paying $10,334 in taxes, amounting to a $14,387 net cost to the American taxpayer. That cost would obviously continue, but legalization of the illegal alien population would also make them eligible for many other forms of federal benefits, primarily Medicare and Social Security in retirement, once they receive green cards and citizenship.

The final phase of amnesty is retirement. Unlawful immigrants are not currently eligible for Social Security and Medicare, but under amnesty they would become so. The cost of this change would be very large indeed.

• As noted, at the current time (before amnesty), the average unlawful immigrant household has a net deficit (benefits received minus taxes paid) of $14,387 per household.
• During the interim phase immediately after amnesty, tax payments would increase more than government benefits, and the average fiscal deficit for former unlawful immigrant households would fall to $11,455.
• At the end of the interim period, unlawful immigrants would become eligible for means-tested welfare and medical subsidies under Obamacare. Average benefits would rise to $43,900 per household; tax payments would remain around $16,000; the average fiscal deficit (benefits minus taxes) would be about $28,000 per household.
• Amnesty would also raise retirement costs by making unlawful immigrants eligible for Social Security and Medicare, resulting in a net fiscal deficit of around $22,700 per retired amnesty recipient per year.

In terms of public policy and government deficits, an important figure is the aggregate annual deficit for all unlawful immigrant households. This equals the total benefits and services received by all unlawful immigrant households minus the total taxes paid by those households.

• Under current law, all unlawful immigrant households together have an aggregate annual deficit of around $54.5 billion.
• In the interim phase (roughly the first 13 years after amnesty), the aggregate annual deficit would fall to $43.4 billion.
• At the end of the interim phase, former unlawful immigrant households would become fully eligible for means-tested welfare and health care benefits under the Affordable Care Act. The aggregate annual deficit would soar to around $106 billion.
• In the retirement phase, the annual aggregate deficit would be around $160 billion. It would slowly decline as former unlawful immigrants gradually expire.

  Read more about Heritage: Amnesty will Cost U.S. Taxpayers $6.3 Trillion

A man who investigators described as the kingpin of the county’s second-largest known drug operation has entered a plea of guilty as part of a negotiated agreement with the prosecution.

Rogelio Gonzalez-Martinez, 37, of Lebanon, pleaded guilty in Benton County Circuit Court on Monday to one count of racketeering and to five counts related to dealing methamphetamine. Dismissed in exchange were remaining charges of racketeering and of dealing meth, cocaine and heroin.

His sentencing hearing has not yet been scheduled.

Prosecutors from the Benton County District Attorney’s Office and the Oregon Department of Justice, and Gonzalez-Martinez’s defense will argue his potential sentence before Circuit Court Judge Matthew Donohue.

Gonzalez-Martinez and 26 others were arrested in March 2012 after area law-enforcement agencies served more than three dozen search warrants as part of a drug bust, which they dubbed Icebreaker 2.

His brother — Abel Gonzalez-Martinez — and Juventino Santibanez-Castro, who investigators identified as the other top men in the operation, were each sentenced to 10 years in prison last December.

The enterprise involved bringing in “substantial amounts” of cocaine, heroin and methamphetamine from Mexico for distribution throughout Oregon, according to court testimony.

The raid came almost five years to the day after another huge drug bust, dubbed Ice Breaker, which remains the largest criminal sweep in Benton County’s history. Some of the people arrested in the Ice Breaker 2 raid had ties to the first Ice Breaker case, authorities said.
  Read more about Kingpin behind Ice Breaker 2 drug enterprise pleads guilty