The Expensive, Porous Fence

Last week the Government Accountability Office, which watches over the funding that Congress has voted, gave a scathing report on the "virtual" fence being built on the Southwestern border. It's way behind schedule, costs a lot more than expected, and doesn't do much good. Already determined immigrants have devise ways -- some unquestionably dangerous -- to get around it. As the New York Times editorializes fences are no solution to immigration problem, rather we need comprehensive immigration reform.

IMMIGRANT POPULATION IN CALIFORNIA DECLINES
Evidence has been growing that the immigrant population, especially of undocumented, has been declining. Most experts attribute it to the recession. Fewer are trying to cross the borders and a few, though not all that many, are returning home. The Los Angeles Times reviewed the findings of the Census Bureau's annual American Community Survey and suggests the biggest impact of the decline has been in California -- as well as Arizona and Florida. These states have long been identified with large immigrant, mostly Hispanic, populations. Texas -- thanks to a healthy economy -- is still attracting immigrants, as well as the ancient doorway to the immigrant -- New York. The Times quotes experts on immigration flows to the effect that the current patterns are not entirely new because of the recession. Already in the 90s, immigrants -- especially the undocumented -- have shunned the ethnic enclaves East LA or South Phoenix for the more exotic climes of Minnesota and Iowa or Georgia and North Carolina. Georgia in fact continues to attract immigrants. In part the shift that started before the recession was due to aggressive enforcement of immigration law. But over the last year it has been in Connecticut, North Carolina, Colorado and Iowa that we witnessed the most aggressive factory raids. Immigrant have remained faithful to the new pattern, simply because -- even in hard times -- that's where the jobs are.

GAO Report Creates Doubts about the Fence

The Government Accountability Office, Congress's watchdog on program it finances, has a scathing report on "the fence" -- the jumble of cameras and sensors along the Mexican-US border known as the Secure Border Initiative. The reports finds the project seven years behind schedule, seriously overrunning costs, and no ideas on how to measure "success". (See New York Times article.)

More on the Undocumented and Health Care Reform

Michael Hiltzik. a Los Angeles Times columnist, responded to the nay-sayers to health care reform who objected to the Census Bureau recent estimate of 46 million uninsured in the country. A 46 million figure gives urgency to reform, and so to defuse concern the nay-sayers explained away the numbers. Many of the uninsured are voluntary drop-outs of health insurance -- the young and wealth -- and many are too dump to know it's available -- the poor who qualitfy for Medicaid or Children Health Insurance System, but don't apply. Still others are only temporarily without health insurance. The undocumented, they say, don't deserve it. Hiltzik picks apart their specious arguments and misreading of the census figures to reveal the horror of 46 million uninsureed.

Push Back on Immigration Restriction in Health Care

Before Joe Wilson's outburst on the floor of Congress, most immigration advocates had seemingly accepted the exclusion of the undocumented from health care reform -- at least in so far as government payments or subsidies. But in an effort to quell nativists' suspicions that aid to the "illegals" will sneak into a government-run public option, President Barack Obama extended his exclusion to even banning the undocumented from the proposed insurance exchanges -- even when they out of their own pockets. That was too much for many Democrats and immigration activists. They are now organizing to make sure the Obama administration cannot automatically count on their votes. Their point is that it is not "a reward for breaking the law" in paying for something out of your own pocket. As it is, the undocumented underutilize the health system and in the insurance exchanges their money would be a wind-fall for the insurance companies. Immigrants are younger than the general population and so less of a risk for insurers. Also they tend to be more reliable when taking on financial obligations. But Obama's scruple seems to be a last straw for many immigration advocates and Democrats. (See Los Angeles Times article.)

Senate Finance Committee Considers the Undocumented

The Senate Finance Committee, which is working up a version of health care reform expected to be "the compromise", began considering the issue of the undocumented alien and health care insurance. It's not a question of whether they will be eligible for any benefits -- with the exception of emergency room care -- but whether they can traffic for health insurance at the "exchanges" or "marketplaces" that would be created. A Republican idea, not yet accepted, is being discussed whic would require verification of status to purchase on the exchange -- even with cash out of the pocket. (See Los Angeles Times article.)

Undocumented to be Barred from Health Insurance Exchanges

A White House aide said the Obama plan to establish an exchange for health care insurance would excluded the undocumented from purchasing a policy -- even at their own expense. All the congressional bills voted out of committee exclude most immigrants from subsidies, but one allows them to purchase insurance at their own expense. It seems the politics of the moment has won out over the morality of the issue. (See New York Times article.)

Some Common Sense on the Undocumented and Health Care

The rude interruption of a South Carolina representative during President Barack Obama's speech on health insurance reform has embarrassed the GOP and knocked them off their argument, The incident seems to have quieted the discussion around the eligibility of undocumented workers for federal support in health care reform. The New York Times addressed the issue "with common sense" in an editorial, but the issue must go beyond "common sense". The president shifted the discussion to moral and political grounds. Politically, it's not wise to advocate for benefits to those Illegally here. But I don't think you can argue that morally. While the Catholic bishops don't highlight care for the undocumented, by implication they believe some minimal benefits beyond caring for the undocumented in emergency rooms or allowing to purchase private insurance is not enough. Health care is not just an American right, but a human right. While it's not politic to bring up the issue at this time, any successful reform will eventually have to face up to care for all -- even those here illegally. Pragmatically it cost issue. Now much of the costs are swallowed by private medical providers who truly believe health care is a right for all. We don't know yet how reform will impinge on their charitable efforts. Even some counties and municipalities use their own tax dollars to provide a modicum of care with no questions asked. Other developed economies often provide health care even to visitors. (I had an in-grown and infected toe nail care -- gratis and with any fuss -- in England and Germany. Excluding the undocumented -- while good politics now -- will eventually have to be dealt with. And it will have to be more than just emergency-room care. Rep. Wilson, if for the wrong reasons, was on to something.

Cheating the Undocumented Worker

The Center for Urban Economic Development surveyed the wages and work condition of low-income workers -- many of whom are undocumented. (See Center's report: Broken Laws, Unprotected Workers.) They found wide-spread violations of labor laws by employers. Even though the undocumented are here unauthorized, they still are protected by wage and safety laws. While often low-income workers do hazardous, work excessive hours or are under age -- all of which is against the law __ still most abuse of workers by employees is cheating on wages -- usually not paying the minimum wage or for overtime is the most common violation. (See Washington Post editorial.) The Obama Labor Department is increasing the number of investigators and promises to be more aggressive in enforcing the law.

Health Care Reform and the Undocumented

During the hectic town hall meetings in August, the issue of affording health care benefits to undocumented immigrants was often raised with some heat. Democrats took to quoting from the bills that the undocumented would not be eligible for the subsidies to pay for health insurance. They are already barred from Medicaid and Medicare. What led to the confusion is that the undocumented must be cared for in emergency rooms at government expense. This is a public safety measure. But the GOP, notwithstanding the provisions of the bills, saw an opening. The Democrats were not explicit enough in banning the undocumented. They should have demanded "citizen verification". That was excluded from the bills because expert testimony and state officials said it would be too costly for a problem that was not large. The GOP, smelling an popular issue, intends to raise it once Congress returns. (See New York Times article.)

Phoenix Undocumented Population Drops by a Third

The recession has obviously cut into the undocumented population. But how much? The census bureau hasn't a way to measure it. Yet we know the number of detentions at the border has declined. If the border patrol is catching fewer crossing, there must be fewer undocumented in the States. Still those here already, are they leaving and going back home? The evidence is weaker on this, but the indications are some are returning. Now the Arizona Republic, in a brief survey of the recession's impact on Phoenix, quotes the Center for Immigration Studies that the decline was about 16% nationwide, but for their city almost a third. CIS is no friend of the immigrant, but some of its studies are fairly reliable. The reason for the decline is the slowdown in industries that attract and employ the undocumented -- light manufacturing, domestic service, restaurants and especially construction.

Massachusetts Cuts Back on Health Coverage to Immigrant

Massachusetts's state health insurance is often put forward as a model of the national health care reform President Barack Obama is proposing for the nation. The program is the closest thing to universal coverage -- all but 2.7% of the population -- and includes legal immigrants. While there are some limits to immigrants' coverage, the benefits are rather generous. Now, because of the recession and a state budget deficit, Governor Deval Patrick proposes to cut some benefits, such as dental or hospice care. Immigrant will still qualify for a rather good basic package, but the reorganization will create such hardships as changing doctors. (See New York Times article.)

The Elderly Immigrant

The fastest growing segment of the immigrant population are seniors. They make up more than a tenth of the immigrant population. Not many of them are undocumented, save for those who have come earlier and have aged here. Most have come legally, brought here by children for family unification. They have made a lesser impression on the public than young immigrants who may be sucked into gangs or who overcrowded schools. But attention is now turning to their problems. (See New York Times article.) Older immigrants often come unprepared for the new society. They do not know the language and lack skills -- like driving -- needed in an urban society. They often have a self-imposed isolation or live in "ethnoburbs" . As a consequence many are suffering from loneliness and depression. Since they have limited access to health care and social services, many of their physical and mental ailments go untracked and unmet.

Letter to Obama about the 287(g) program

Homeland Security has promoted the "Secure Communities" initiative that supposedly focuses enforcement on the criminal and fugitive element of the undocumented population. One part of that is the 287(g) program that promotes cooperation between ICE and local police. More than 500 civil-rights, immigrant advocates, religious and labor groups have signed on to a letter to President Barack Obama protesting the recent expansion of the program. The basic objections are that the program will lead to racial profiling and that it has not been restricted to ferreting out the dangerous criminals. Many have been deported for minor offenses under the program. Many also question the competence of local police to enforce immigration law and the abuses of the past. The Arizona Republic brings up the criticism of Sheriff Joe Arpaio's Maricopa County Office as the worse offender. Meanwhile Los Angeles County, which is thinking seriously about demanding E-verify for all its contractors, will now begin to send the files of all inmates to ICE to verify their status. Ironically, ICE complains that it's not ready to take that number of referral's. (See Los Angeles Times article.)

Los Angeles County Government Contemplates E-Verify

Los Angeles County, which has responsibility for schools, hospitals, jails, roads, records and much more, has enormous economic power in letting contracts for services. Now the County Supervisors have voted to explore adapting the use of E-verify to require contractors to vouch for the legality of their employees. The federal government is making this a requirement for its contractors, as does six states. Immigrant advocates and labor leaders oppose the use of the system. It was created by the Social Security Administration for other reasons but is used to verify the status of workers. If there is a "no match" -- i.e., if the worker's Social Security number does not match the administration's records -- then the employer will have to dismiss the worker. The program is currently voluntary, but being made compulsory with immigration reform. LA County will be one of the largest public jurisdictions to require verification, if it's adopted. The system has been unreliable and has created a number of court challenges. The Obama administration claims to be perfecting the system. The county is only studying the possibility and will later act on a recommendation. (See Los Aneles Times article.)

ICE Begins to Fly Detainees to Mexico City

Over the last six years, ICE has been repatriating undocumented aliens deep into Mexico as a way to get them away from the border and discourage them from going to the coyotes to try re-entry. They are flown ro Mexico City and then buses to their home villages. There are two daily flights from Tucson, carrying 150 each. (See Washington Post article.)

Washington Post on ICE's Clean-up of Detention Centers

The Washington Post editorially welcomed many of the changes initiated by the Department of Homeland Security in how it held aliens for deportation in detention centers. But the paper joined immigrant advocates to deplore the unwillingness of ICE to release new mandatory regulations.

Impatience Grows Among Immigration Advocates

Notwithstanding a surprise appearance of President Barack Obama and Homeland Secretary Janet Napolitano at the White House with advocates of comprehensive immigration reform, many came away disheartened by hints that reform may take as long as two years. They were grateful by the president's reaffirmation of his commitment and also at the reduction in household raids. But many advocates, especially Hispanic, were upset by the stepped up workplace enforcement and Homeland Security's reluctance to issue new rules for detention centers and on quotas in its fugitive operations. Some even warned that further delay may lead to an electoral backlash in 2010. (See Los Angeles Times article.)


NEW DOCUMENTARY ON CHILD MIGRANTS
HBO will air a documentary -- Which Way Home -- following the journey of a 9 year-old Honduran boy illegally into the U.S. in search of his parents. In Chicago the program airs at 9 pm on Monday, August 24, and probably will be rebroadcasted a number of times during the week. Consult local TV guides or HBO station for the times. (See the Los Angeles Times article.)

ICE Drops Quotas in Fugitive Operations

The Assistant Secretary of Homeland Security in charge of Immigration and Customs Enforcement announced that the agency's "fugitive operations" will not set "quotas" in its apprehensions. The program, which grew since 2003 with eight teams and $9 Million budget to 104 teams with $225 million, was intended to track down criminals and those who defied a deportation order. With Bush administration's stept-up enforcement, pressure was put on teams to make more arrests. In some regions that pressure led supervisors to set "quotas" and the arrests skyrocketed. According to a study of the Migration Policy Institute, 73% of those apprehended had no criminal records. Agents who enter a house or apartment in search of an individual would leave with whomever they suspected of being undocumented. The suspicion was that the agents were under orders to meet the quotas. (See Los Angeles Times article.)

Health Care Reform and the Undocumented

The debate on health care reform has rarely touched on the undocumented, though it is a live issue in the southwest border states. But even there the issue is old, raised because of their already burdened emergency rooms. The undocumented cannot be denied help in the emergency room, though they do not qualify for Medicaid. Often costs then are shifted to the community tax base with miserly reimbursement from the federal government, or are subsidized by other patients. On top of that, emergency room care is more expensive. Still one of the House bills (HR 3200) expressly denies any tax-payer funds to buy health coverages for the undocumented on the insurance exchanges the bill sets up. A debate could be raised from the public health perspective of extending some basic services to the undocumented. But if "death panels" and "public options" have raise a public outcry to irrational levels, extending health insurance to the undocumented would drown out all other discussion. An L.A. Times editorial suggests that the issue be kept out of the current debate, but must be raised again in comprehensive immigration reform

Lawyers Prey on the Undocumented

Immigrants are susceptible to legal scams in seeking green cards and work permits. We often warn them that a "notary" does not have the same powers and function in the U.S. as a "notario" has in Mexico. If they have immigration problems, they should consult a "lawyer" or "abegado". Now. however, lawyers are joining in the scams, taking money from desperate families with promises of getting a green card or temporary work papers (H-2B visa). Not only do they fail to produce, sometimes they even get their client deported. (See New York Times article.) One lawyer in Salt Lake City is being charged by the Justice Department with having files fraudulently for 5,000 H-2B visas. As many as 300 lawyers have been suspended from pleading in immigration courts. This also creates problems for other immigration lawyers in cleaning up the mess afterward. The situation is also undermining the trust that should exist between lawyer and client.


LOS ANGELES TIMES FAULTS OBAMA ADMINISTRATION ON STANDARDS AT DETENTION CENTERS
The Los Angeles Times editorially has sided with critics of the ICE's detention centers and deplored Obama's Homeland Security in continuing most of the Bush administrations policies. It would have preferred new binding standards to redress the deplorable conditions.