Hint to Obama Administration on Immigation -- Haitian Deportations

Haiti was hit hard by hurricanes and mud slides and much of the country is still devastated. After ICE had rounded up 30,000 Haitian immigrants, as a humanitarian gesture, the Bush administration had suspended deportations in September. In December it reinstated them and passed the problem on to the Obama administration. Currently, Homelamd Secretary Janet Napolitano has the decision under review. How she decides on the Haitian case will tell us much about Obama's immigration leanings, especially on continued deportations and factory raids. (See New York Times article.)

The Undocumented College Graduate

The lot of the college graduate -- perhaps brought to this country in the early years, yet went through public schools and graduated from college -- is turning out to be no better than less educated undocumented workers in the ever tightening U.S. job market. The crack down by ICE has extended to the engineering firm as well as the factory door. Often college grads find greater utility in counterfeited documents bought off the street than a college diploma. (See Arizona Republic article.)

Illegal Migration -- Southward

The drug wars along the U.S.-Mexican border are fueled by guns from the north. With the current crack down by the Mexican federal government, the traffic in guns has quicken and has been dealing in more lethal weaponry. The tolerant U.S. and state gun laws has made it easy to purchase military quality guns and smuggle them into Mexico. There are 6,600 gun dealers along the border. They do not have to report the sale of a high-caliber weapon to the government and can sell to anyone with little documentation. Mexican law is much stricter. So it's easier the purchase weaponry in Arizona or Texas through a straw buyer and move them two or three at a time across the border in cars. At the border they are invariably waved in with inspection. Now that the drug cartel violence is sipping across the border, state and federal agencies are addressing the question more vigorously. Only the undocumented migrant is often caught in the middle. (See New York Times article.)

SUPREME COURT ON IDENTITY THEFT
The Supreme Court heard arguments on the case of an East Moline, IL, steelwork who was charge with aggravated identity theft to cover his undocumented status. (See posting for Feb. 25, 2009.) The justices seemed to hear the governments argument with skepticism. The steelwork did not know that the counterfeit documentation he used had the Social Security number belonging to someone else. The decision which will come down in June will probably turn on the word "knowingly". (See Los Angeles Times or New York Times article.)

ICE's Identity Theft Tactics Go Before the Supreme Court

Today the Supreme Court hears arguments on a case of an undocumented steelworker from East Moline, IL. He is charged with "aggravated identity theft". Having admitted guilty to illegal entry into the country and using false documents, he was sentenced to prison, but the court added two years for identity theft. The federal appeals court in St. Louis found for the government, and so the appeal. The identity theft law was written to protect people from having their identities used by others for gain. In this case there is no evidence that anyone was victimized for gain. The steelworker bought false identification that used a real Social Security number. He didn't know it was the number of a real person. The previous identity he used was fictitious. The New York Times argued ICE uses the threat of prosecution for identity theft to get workers rounded up in raids to accept deportation docilely. The Times calls it "unequal justice".

NEW CAMPAIGN FOR FAMILY UNITY
Rep. Luis Gutierrez (D., IL) believes that marches and rallies are no longer the best strategy to gaining comprehensive immigration reform. He suggests that the tragic stories of many immigrant families be simply told, hoping it will stir the nation's conscience. The division of families, especially where some are undocumented and others legally here or even American citizens, is creating untold hardship. Parents are being separated from children. Nativists respond by denying citizenship to the children of the undocumented born here. The lack of compassion that attitude and current enforcement policy show convinces Gutierrez and the Latino Congressional Caucus to appeal to the nation's sense of fairness and moral principles. A campaign, already tested in Chicago and New York, will present the cases of split families in churches to focus on the suffering families "in a biblical, more perspective" -- or showing the problems our immigration laws create for families "with a human face." The National Family Unity Campaign has another event in Providence, RI, and then moves on to sixteen other cities. Legal members will send petitions for those in family who face deportation to President Barack Obama and to Congress. (See Washington Post article.)

Mexican Drug Wars Cross Border to Arizona

The violence of the Mexican drug wars has spilled over the border, shaking Arizona law enforcement and hardening their attitude to undocumented immigrants. The drug cartels have long before had connections to US cities, but the recent crackdown by Mexican authorities has lead them to intensified their networking. Kidnappings, exploitation migrants and even killings are increasing. But the trafficking is not only northward. From the U.S. there's the flood of weapons and cash to furl the wars of Juarez and Tiajuana. Pick up guns, with few restrictions on the caliber, at gun shows in states with a passion for bigger and deadlier "hunting rifles" is ridiculously easy. All that's needed is a "straw purchaser". The weapons find their way south, and soon the drug gang easily outgun the police. Now even gun-loving politicians in borders states are opening up to some restraints. But immigrants sneaking across the border are caught in the middle between the drug lords, who will use them as mules or profit from smuggling them, and hard-line and nativist politicians, who depict them has part of a harden criminal element. (See Arizona Republic or New York Times articles.)


CAREER PROSECUTOR APPOINTED NEW HEAD OF ICE
John Morton, a career prosecutor in the Justice Department's Criminal Division, was nominated to head Homeland Security's Immigration and Customs Enforcement. During the Bush years he had a hand in formulating immigration enforcement policy. His appointment must be confirmed by the senate, where he'll be quizzed on enforcement policy. But on a more positive note, Homeland Secretary Janel Napolitano has appointed Esther Olivarria to be deputy assistant secretary for policy. She is a more sympathetic voice for immigration reform. (See Washington Post article.)

The Lowest Rung on the Immigrant Ladder: Sheepherders in the West

Probably the worst conditions of immigrants in the U.S. are South Americans brought in legally as H-2A temporary workers to herd sheep in the West -- known as "borrequeros". Even undocumented field hands in the Central Valley of California have better pay, living and work conditions and treatment from employers. And that's not very good! Those recruited for herdding -- roughly 1,500 -- suffer isolation as well as poor working conditions and long hours. Basques use to be recruited for this lonely work, but as prosperity blessed the Basque country ranchers turn to Chile and Peru. The pay is generally better -- for what that is worth -- then back home. But the work conditions are unconscionable. The shepherd tends the flocks -- in the hundreds and thousands -- alone and for 24/7. They live is small huts called "campitos" with no running water, toilets, electrify and minimal heat. The winters are arctic and the summers stifling. Food easily freezes or spoils. The program that allows ranchers to recruit the borregueros is not efficiently run nor carefully supervised. The workers are not included in federal protections as regard to hours and wages. Their visas do not allow them to change jobs or employers. They are virtually held in bondage. Advocacy groups in the Western states are trying to improve the working conditions of borrequeros through state legislation. Ranchers, arguing that the the sheep-raising industry has declined drastically in the last few decades, see any improvements as a death knell. (See New York Times article.)


BAD ENFORCEMENT
The New York Times has editorially charged the Immigration and Customs Enforcement of Hoimeland Security with "bad" enforcement of the country's immigration laws. They should have used stronger terms like "jug headed", "wasteful", "inhuman", "cruel" or even "masochistic". Aside from the foolishness -- even corruption -- of the "enforcement first" strategy, it's not working. The desperate still come. But The Times, musing on recent reports, argues that the policy is bankrupt. The Pew Hispanic Center (see posting for Feb. 18) reported that federal jails are filling up with Latinos, most of whom are not charged with crimes or are so charged as pretext to moving them quickly out of the country. Even enforcement is not honest, since the The Times notes the reports that ICE supervisors -- seemingly under pressure from the White House -- had a "quota system" for rounding up the undocumented. The money being was suppose to be used to apprehend "alien fugitives"or criminal aliens. Being this country without proper documentation is still not a crime.


SUPREME COURT TO HEAR CASE OF IMMIGRANT CHARGED WITH ID THEFT
The Supreme Court will hear arguments on Wednesday of the case of an East Moline, IL, man charged with identity theft. He's an undocumented Mexican steel-worker who used the Social Security number of a real person to get work. He was charged with identity theft which can lead to a two-year prison term. ICE uses the threat of the charge to get undocumented workers rounded up in factory raids to submit quietly to deportation. The East Moline worker had lost in lower courts and it now appealing to the Supreme Court. He is basically challenging ICE's application of the law -- not enacted specifically for immigration cases -- and claiming he did not know the number belong to a real person. Previously he had used a totally fictitious number. (See Washington Post article.)

Census Bureau Profiles the Immigrant

The U.S. Census Bureau released a profile of the immigrant population in 2007. As expected, Mexicans were the largest group at 31% and all Latin Americans made up a majority at 54%. The Indians had the best education, while Somalis the least and the highest poverty level (51%). The Dutch and Irish has the lowest poverty rate (2%). (See New York Times article.)