Saturday, October 07, 2006

Local governments continue to weigh in

After nine months of dithering, Congress' resolution to the immigration debate was dismal and disappointing for everyone on all sides of the issue. This is the best our nation's leaders can come up with: a "wall of shame" along the Mexican border? A fence to nowhere with funds from nowhere?

Having squandered the opportunity to show true leadership in creating true reform, local governments across the country are again eager to step up to the challenge.

In Long Island, New York, the Suffolk County Executive Steve Levy signed a law this week that requires companies with government contracts to verify their employees are in the United States legally. "If the federal government won't do its job, it's up to the locals," Levy said

In Escondido in San Diego County, California, the City Council passed a housing ordinance that will penalize landlords who rent to undocumented immigrants. The American Civil Liberties Union is already planning a lawsuit to challenge its constitutionality.

Is this what Congress had in mind when they stirred the pot of anti-immigrant sentiment? In a new version of the "trickle-down" effect, local governments and communities are taking steps to deny rights to their neighbors in the community.

But local governments are not the only ones taking up this crusade. Take a look at the growing number of anti-immigrant MySpace Groups to see where some young people are gathering to express their newly-approved hatred of 'illegals'.

Is this the example that our leaders in Washington should be setting? With all the grand-standing and posturing, is it any wonder that a minority has found fuel for their discrimination? Yet in their inability to create an immigration system that protects the rights of immigrants and their families, Congress has left the door for others to fill the vacuum of leadership.

Wednesday, October 04, 2006

Supreme Court examines legacy of '96 laws

Only a few days after Congress passed the Secure Border Fence Act, the Supreme Court started considering the impact of the immigration laws passed ten years ago. September 30 was the ten year anniversary of the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).

On the impact of these law, Ira J. Kurzban writes in an OpEd that "Although IIRIRA was another piece of legislation that was supposed to stop "illegal immigration" into the United States, it unleashed, instead, a series of bad policy choices that have destroyed families, made it virtually impossible to permit illegal immigrants to become legal, and rendered our legal system impotent to stop the worst abuses by government officials who may now run amok without any judicial oversight."

The Supreme Court is considering the case of Jose Antonio Lopez of Sioux Falls, S.D. The Justices are wrestling with the question of whether convictions for minor crimes should force immigrants' deportation. Under IIRIRA, many minor convictions were recategorized as "aggravated felonies" and grounds for deportation. Jose Antonio Lopez was ordered deported for possessing cocaine.

The Associated Press reported that Justice David Souter said "The problem here is that state law and federal law are at odds in determining the gravity of the offense." AP also reported that several justices said they were troubled that immigration authorities would treat differently two people who commit the same crime in different states that hand out different penalties.

According to the reporter, Lopez is a 16-year permanent U.S. resident who has already has been deported to Mexico, but could return to his wife and two children, who are U.S. citizens, if the court rules in his favor, said Benita Jain, a staff attorney with the New York State Defenders Association.

Meanwhile Congress did not mark the anniversary of IIRIRA. It's unclear if they are even aware of the date. With their recent actions, Congress is unwilling to learn about the impact of these laws. Over 1.5 million people have been deported as a result of IIRIRA and thousands of families have been destroyed. Many Congressional representatives would like to see 12 million people deported and are unwilling to consider the situation of these left behind. Hopefully the Supreme Court will make them take notice. Stay tuned...

ACTION STEP: Call your elected representatives and remind them that they passed IIRIRA ten years ago and that our nation doesn't need more of the same measures.

Tuesday, October 03, 2006

The voting results are in

Thanks to your calls to your elected representatives on Capitol Hill, two nasty pieces of legislation H.R. 6094 and 6095 did not pass the Senate.

Unfortunately, the Secure Fence Act was approved late on Friday night. If signed into law by President Bush, the legislation calls for 700 miles of fence, thousands of new detention beds and Border Patrol guards. With no appropriated funding, it's questionable if the fence will be built anytime soon. Senator John Cornyn admitted this today. Reuters News Service reports that, even if the money is found, it may be difficult to build due to the physical terrain. The fence will also have limited usefulness. Doris Meissner, a former commissioner of the former U.S. Immigration and Naturalization Service, told Reuters that the fence "may work to curtail crossings in the immediate area it has been built, but it won't stop illegal immigration. Experience has shown that traffic will shift to other parts of the border" where there is less vigilance.

Is it surprising that the fence is not a real solution? As we've seen over the past several months: the politics of immigration reform is primarily about posing for voters. But shouldn't voters be upset that after all the months of hoopla, the best Congress can come up with is a fence?

To see how your Representative and Senators voted on these bills, see the Rights Working Group's vote tally.

ACTION STEP:

The National Council of La Raza wants you to call President Bush (202.456.1111) and ask him to not sign the Border Fence Bill. Click here for more information.

The Rights Working Group also is asking everyone to contact your lawmakers with a phone call or arrange a visit and thank them or explain to them the negative impact of their votes. To find your Representative's contact information, click here.

STAY TUNED: The provisions that didn't make it pass the Senate will likely reappear sometime soon in either the lame-duck session or early next year.