Weekly Immigration Update

Franken - The Minnesota State Canvassing Board confirmed today that Al Franken has won his Senate election, ending a weeks-long recount process that started with the Democratic challenger facing a roughly 215-vote deficit.

Black Swans - A great blog by David Rothkopf on Latin America and foreign policy.  Here, the term "Black Swan" means a recurring theme throughout history in which key events or discoveries of real significance forced a rethinking of the rules and standard approaches that had previously guided society.  And we definitely need to rethink our policies in Latin America.  Excerpt of the piece: 

The best place to begin looking at what might be unexpected is to identify
what most Washington types think is in store for us. As of right now, 2009 looks
like this: deeper, messier recession worldwide, the beginning of the U.S.
pullout from Iraq, worries about Pakistan and Iranian nukes, hopes that Obama
can restore U.S. standing. Oh, and recently a recognition that Israel-Palestine
will continue to be an open wound. But here's five black swans that could arrive and wreak unanticipated havoc: 

1. The failed state next door

At a meeting of leading diplomats from around the Americas I attended not too long ago, the subject that caused the greatest concern was the situation in Mexico. Organized crime has taken a dominant position in a number of provinces and the federal government is struggling to contain the growing security threat. The country is losing oil revenue due to plummeting prices and mismanagement of PEMEX, the national oil company. The Merida Initiative, Plan Colombia-lite for Mexico, has not made the progress some had hoped for and the result is a fragile situation. Add the possible consequences of a very tough 2009 economically and a match is tossed on tinder. In a world in which there is no such thing as foreign policy any more -- every key event has U.S. domestic consequences -- there is no better example than our neighbor. The symptoms of crisis will come streaming over our borders and border-state politics will make it a problem Obama cannot ignore. (Especially with a Homeland Security secretary who is a former border-state governor.) 

On yesterday's Meet the Press, Senate Majority Leader Harry Reid discusses hopeful prospects for immigration reform in 2009:

MR. GREGORY: Let me ask you about politics.  This is what you told Roll Call two days after the election of Barack Obama.... "‘I think the country has moved to the center,'... ‘I think people want us to get things done.'" Let me test that proposition.  On immigration, do you have a deal between the president-elect and Senator McCain for immigration reform?...

...SEN. REID: "We need comprehensive immigration reform." That was a conversation I had with John McCain.  Yes, we need comprehensive immigration reform.  And what does that mean?  It means we have to make sure our borders are protected, our northern and southern borders.  We have to do something about the millions of people here who are undocumented.  We have to put them on, on a pathway to legalization.  Does that mean that they get to the head of the line?  Of course not.  They'd have penalties and fines and learn English and stay out of trouble.  We have to also do something on a guest worker program and we have to do something about the employer sanctions that works. John McCain believes that should happen.  I believe that should happen. That's...

MR. GREGORY: And he's discussed it with the president-elect?...

MR. GREGORY: McCain has?

SEN. REID: I don't know, but he's discussed it with me.

MR. GREGORY: Mm-hmm.  You think you've got a deal, a prospect of a deal.

SEN. REID: I have, I have John McCain's word that he's going to work real, real hard on immigration reform....

...SEN. REID: And I'll, and I'll work with him.

Gov. Bill Richardson Withdraws From Consideration as Commerce Secretary - This news is not only unfortunate for the President-elect and his team and for the country as a whole, it is bad news for immigration reform.  This Governor's support of reform and criticism of half-measures (such as "enforcement-only"), his legislative, executive, and international experience made him particularly qualified to put a great deal of weight behind comprehensive immigration reform (CIR) legislation in a time of economic crisis as Secretary of Commerce.  Luckily, we still have strong champions for CIR in the administration with Gov. Napolitano as DHS Secretary and Rep. Hilda Solis as Secretary of Labor.  The confluence of immigrants and labor is exactly what the current administration has not been able to get right.  What Ms. Solis and the President-elect seem to understand is that by upholding workers' rights, even for the undocumented, you uphold wage and labor rights for all working Americans.  It is indespensable that Barack Obama name a new nominee for Secretary of Commerce that posseses the same passion and ability of Gov. Richardson to strengthen coalitions in favor of CIR in order to pass CIR in 2009.

An article in The Hill comments on what will likely be early tests on immigration for Barack Obama upon assuming the Presidency, and Spanish-language media demonstrates that the Hispanic community has not forgotten Obama's commitments in this area.  Univision's Sunday morning program, Al Punto, aired an "end of the year" summary that featured five stories - four of the five had an immigration focus.  Next to job creation, immigration reform is the top issue on the minds of Latinos for 2009.  The analysts on Al Punto highlighted that as the economy improves, there will be a need to address the economic demand for workers so that businesses can meet their needs legally, and to ensure labor and wage standards for all workers.

The Hispanic community won't forget the promise of immigration reform - This Sunday, Al Punto had a feature on immigration reform in 2009 and re-played an interview with Barack Obama from May 28, 2008.  When asked whether he was committed to passing immigration reform "in his first year," he replied, "yes, in my first year."  Frank Sharry appeared on this segment commenting on the current climate of fear among immigrant communities.  

President-elect Obama on Raids - During the same interview that took place in May and was replayed this Sunday, Obama was asked how he would handle raids.  He responded that he considered raids a "good public relations move," to make it seem like the government is doing something, but they don't solve the problem in the long-term.  He recognized the terror that affects communities as something to be given due consideration, "I don't think it is the American way to capture a mother and separate her from her child," and not think of the consequences.  Clearly raids are a part of the general review the President-elect will undertake.  Rather than demand or expect him to issue an order "halting raids," I think we can expect Obama to shift the focus of enforcement to going after unscrupulous employers, criminal aliens, and human traffickers.

How to convince Barack Obama that reform is needed this year? - This question was posed on the Sunday morning Spanish-language show.  I would posit that the bigger question is how to make sure we educate legislators in both chambers on this issue.  The bottom line is that American voters voted for Obama and for a large number of Democratic legislators as a repudiation of the inaction of the past eight years.  CIR provides the opportunity to demonstrate a will to govern, to take action and solve problems - particularly at a time of economic crisis.  The economy and immigration go hand in hand.  Immigration is a national security issue, it is an economic issue with economic roots and consequences.  By ignoring the undocumented and those who are wanted as workers, you encourage the exploitation that erodes working conditions and job security everywhere.  In a time of economic crisis, the stability and dignity of the work force are especially vital.  This is also why CIR must not be limited to addressing the legalization of the undocumented - CIR must address issues of future flow and it must revamp the entire visa system.  The existing visa system is outdated, unfair, and clearly unrealistic given that most of the undocumented came into the country legally and overstayed their visas.  With the amount of work immigration reform will take, it is vital that it is truly "comprehensive." 

Re: A long road back for the GOP - An interesting article in the CQ, "The Republican Search for Self Better Find Something Quickly," echoes what NDN has been writing about in Simon's post on their "long road back" and my post on how the current GOP is so out of touch - intentionally or not - with 21st century America.  John Bicknell writes: "Republicans are going to have to figure out who they are, and how that identity is relevant to modern America. And they are going to have to do it in less than two years. Otherwise, they could well find themselves on their way to another 40 years in the wilderness." For Democrats, CIR represents a great deal of opportunities to prove their ability to govern, and for Republicans, passing CIR can be the first step out of the wilderness.  

More Examples of our Broken Immigration System:  All of which exacerbate undocumented migration - 1) Marriage Fraud - CQ covers a CIS study as part of a larger piece on marriage fraud and immigration.  While CIS is a known hate group as identified by the Southern Poverty Law Center, and even though we have no factual basis with which to accept their data, even one fraudulent marriage is one too many, and it demonstrates the insufficient legal means for immigration in our laws.  

"The real problem with marriage and immigration law and policy is how the government disrespects the marriages of U.S. citizens and legal immigrants who obey the rules," Paul Donnelly, spokesman for American Families United, which works to reunite Americans' foreign spouses and children, said in an interview....Legal permanent residents have to wait almost five years - nearly eight years for Mexicans - to bring a foreign-born spouse or child into the United States. Americans who marry foreigners that have overstayed prior visas or have been discovered in the country illegally cannot bring that spouse or child into the country for at least three years, with a maximum 10-year term of inadmissibility if the visa overstay is greater than one year or the foreigner is deported.

2) Immigrants priced out of legal status - Only about half of all Central American immigrants eligible for a renewal of their temporary protected status actually filed for their renewals.  Many of these immigrants could not afford the filing fees due to having been laid off or having their number of work hours cut in this time of economic recession.  

3) The Face of Slavery - As long as there are insufficient legal channels for immigrants to come into the country, and as long as those existing channels remain slow and bureaucratic, we will continue to see crimes against humanity like those shown in this New York Times feature - examples of human trafficking and slavery into which women and children fall as they try to achieve the American dream.

The State of Courts - Chief Justice Roberts provided his annual report on the state of the federal courts, which showed bankruptcy filings rose by 30%, filings concerning criminal charges in immigration cases jumped by 27% (the cases are concentrated in the Southwest).  "Criminal charges" could mean criminal activity, or they could mean cases like the one that occurred in Iowa, where many undocumenteds with no IDs or social security numbers unkowingly signed guilty pleas for identity theft.  In the meantime, prosecution of sex offense cases grew by only 9%, and the number of drug cases actually dropped by 7%.  Chief Justice Roberts explained, "Those reductions occurred when investigative agencies shifted their focus from drugs to terrorism and sex offenses." 

Hate Crimes - Two Hispanic youths assaulted a 28 year-old Hispanic woman in San Francisco.  The woman is a lesbian who lived with her partner near the boys, the crime has been qualified as a hate crime.  This horrific crime is made more appalling by the fact that it occurs at a time when Hispanics are crying out in protest against the hate crimes that resulted in the murders of several Latino immigrants and as communities are fighting for their right to be free of fear of having hate crimes perpetrated.  How can we demand certain behavior of other communities if we don't begin with our own? 

Speaking of Border Security - A couple, their children, and family of 7 were killed en route from Dallas, TX to Mexico.  As they were about to cross the border in Texas, they drove on a bridge half of which had collapsed during rain storms.  There were no road blocks, not a single sign warning of the end of the bridge, so as the family drove during the night they fell over the edge of the bridge into a river, only one grandmother survived.

Al Franken to the Senate - It is expected that Al Franken will be declared the winner today in his race against Norm Coleman.  This is good news for immigration reform, click here to see Sen.-elect Franken's position on CIR. UPDATE:  Franken declared winner.   

The Minnesota race continues, but don't hold your breath - Democratic candidate Al Franken got a boost on Friday in his bid to unseat Sen. Norm Coleman.  On Friday, the state's election oversight board recommended that each of the state's 87 counties review absentee ballots initially rejected as invalid, and submit amended vote tallies that include any ballots found to be wrongly rejected.  The thing is, the board does not have the authority to require counties to conduct such a review, so it would be up to the candidates to issue legal challenges to force the issue should any county decline to re-examine the legitimacy of the disputed ballots.  The Secretary of State projects that more than 1,500 absentee ballots could be found to have been improperly turned away, and if this turns out to be the case,  Al Franken would have to win a relatively small plurality of those ballots to overcome the razor-thin lead held by Coleman following a hand recount of votes cast in the Senate race.

Judiciary Loses Its Lion - In case you missed it, Sen. Ted Kennedy stepped down from his post on the Committee on the Judiciary.  It will be interesting to see who will start to throw their hat in the ring to succeed Sen. Kennedy, and whether that person can - and will - follow Sen. Kennedy's example in the area of immigration reform. 

Tough Week for DHS:   1) DHS Programs caught midstream in the transition - Among them, the controversial SBInet border security system, construction of it is scheduled to begin in March 2009 in Arizona.  After being known in Congress for cost overruns, malfunctions, gaps in management, and miscommunication with Congress, Alice Lipowicz reports on the challenges ahead for SBInet advocates. 
2) A perfect example of the broken immigration system:  the cleaning service used by DHS Secretary Chertoff to clean his house had undocumented immigrants working there.  What better example of how broken our immigration system really is, and the urgent need to fix it.  At least the Secretary didn't "knowingly" hire "illegals," as did  Lorraine Henderson, an employee of Customs and Border Protection (emphasis added) - Ms. Henderson reportedly was recorded warning her cleaning lady to be "careful" to not get caught.  Who said DHS didn't care?  A former FEMA employee who was sentenced earlier this year for identity theft, with which he funded shopping sprees, has been handed five plus years in federal prison. 
3) Detention center in Rhode Island will get no more detainees, pending an inquiry into the treatment, and subsequent death, of a Chinese engineer in that detention center. 
4) A judge's denial of DHS's request for a mid-January decision in the case involving DHS's rule pertaining to no-match letters means that President-elect Obama inherits the prolongued legal dispute over the current administration's push to pressure employers to fire undocumented workers.  It is highly unlikely that an Obama administration would pursue the current flawed DHS rule.  In his platform, Pres-elect Obama has proposed an effective verification system as a part of comprehensive reform.
5) TWIC Delays Upset Workers - U.S. Transportation Security Administration (TSA) and their contractor, Lockheed Martin, had a great many truckers and port workers upset at them as the workers' new biometric Transportation Worker Identification Cards - which they must possess by Dec. 30 in order to be able to work - were delayed.  Some workers in Baltimore reported to TSA on several occasions to pick up their TWIC cards and were turned away due to the volume of people ahead of them.
6) A GAO report released this week on the planning and execution improvements needed for the US-VISIT program.    

What Immigration Reform does NOT look like - This week President Bush announced regulatory changes to the H-2A agricultural guestworker program that remove important protections for workers and make it easier for employers to bring in foreign workers.  Once again, this is amnesty for unscrupulous employers, not reform.  

Utah Guest worker program to be implemented - The state legislation, SB81 has received ample criticism, and could very well face challenges in the coming weeks and months, prior to its implementation.  

Henryk Kowalczyk's Huffington Post must-read post on why the Immigration debate is about so much more than just immigration.   

Census Updated American Community Survey - The U.S. Census released its 2008 community survey this week, and reiterates the trend mentioned before: immigrants and minorities are moving away from cities and becoming a larger part of the population in suburbs, etc. 

New Tools in Immigration, too - the Migration Policy Institute (MPI) and the New York University School of Law (NYU) launched a project called "State Responses to Immigration" as a joint effort to provide a free, searchable data tool designed to generate information on all immigration-related bills at the state and local level across the nation.

Hate Crimes - Sadly, another Ecuadorian man was killed in New York by a group of men who viciously attacked him.  Jose Sucuzhanay's homicide is under investigation, and it is helping gather civil rights leaders from accross the country to address the spike in hate crimes against Latinos.  Mexicans at the U.S.-Mexico border also report an increase in hate crimes and agression based on nationality and ethnicity.  We see an important social turning point, immigrants - Hispanic ones in particular - fight back against discrimination.  In Tennessee, legal immigrants who had their documents unlawfully taken from them are filing suit.

Interesting article in the Arizona Daily Star on the border fence.  

New IPC Report - The Immigration Policy Center has compiled a major report on minority and New American voter data, as well as motivating issues in the 2008 election cycle.  The report also explores the outlook for immigration reform.

Employers need education on the effects of immigration, too - According to the latest survey released by Manpower, a private Human Resurces firm, 62% of the 4,804 employers in Mexico who were surveyed described themselves as not particularly concerned with the impact of emigration on the Mexican labor market, the remaining 38% does believe that emigration can have a harmful effect on the Mexican economy and cause a potential "brain drain," as well.  An estimated 8 million 5 hundred thousand Mexicans work outside of Mexico.

About 150,000 immigrants from Michoacan are estimated to return to this Mexican state for the Holidays, although there are no estimates as to how many might remain in Mexico.   It is estimated that immigrants going to Mexico for the Holidays will inject about $5 billion into the Mexican economy.

"Prison" for immigrants? - A note in Dubois, Pennsylvania's Courier Express discusses expansion plans for a privately run "federal prison for illegal immigrants." According to the story, the prison is under contract with the Federal Bureau of Prisons. My first question is: why are any immigrants going to prisons as opposed to detention centers? Or is this a case of criminals who are serving sentences and are found to be in the country illegally? I feel like important details were left out of the story, but if non-criminal aliens are somehow being held in prisons then we have a major issue.

The Impact of the 2008 Elections on Immigration, continued: 1. "Firewall" wins -Saxby Chambliss (R) won the runoff election in Georgia against Jim Martin (D) for the Senate. The runoff was widely covered by Time and Chambliss was even on Halperin's "Five Most Important People in American Politics Right Now Who Aren't Barack Obama." In addition to the political considerations, a win by Jim Martin would have meant a key vote in the Senate for immigration reform. Now Chambliss and the Republican party are touting this "big win."  This seat would have meant a huge win for Democrats, but it's important that Democrats put up such a fight in Georgia.  Vehemently anti-immigrant and anti-reform Saxby Chambliss and Jim Martin couldn't have more different views on immigration and in their approach to governing - Chambliss has been politicking, selling himself as a "firewall to prevent Democratic excess," while Jim Martin had presented himself as the man who would provide a "bridge" to the change promised by President-elect Barack Obama, and that change includes immigration reform.

2. Reality sets in, in VA - Per a piece by Anita Kumar in the Washington Post, the Virginia Panel on Immigration is changing its ways, from the hard-line stance to more productive and realistic proposals. After seeing the hard-line anti-immigrant Republican candidates lose congressional elections all over the state, the members of this commission have apparently realized that the anti-immigrant positions they formerly took to score what they considered to be political points just don't work. The panel has shifted its focus from fighting illegal immigration to working with the ever-growing population of immigrants. Delegate Todd Gilbert (R-Shenandoah), who served on the commission and is staunchly anti-illegal immigration, noted "I can't totally disagree that some people are leery of the issue, because maybe it wasn't the wedge issue that some thought it would be," Gilbert said. The new recommendations provided by the panel to Gov. Tim Kaine include shortening the Medicaid residency requirements for certain qualified immigrants, offering in-state tuition to immigrants who meet specific criteria and creating an immigration assistance office. The commission also proposed increasing the number of English classes and creating a plan to address the needs of foreign-born residents and urged the federal government to compile more complete immigration statistics, increase the number of visas for foreign workers and pass comprehensive immigration legislation.

A Post op-ed also discusses the significance of this change in tone in Virginia in more detail: "....reform is as needed as ever. Only the federal government can get the job done, and the political climate may be more favorable than last time around." Of the 12 million illegal immigrants estimated to be in the United States, 250,000 to 300,000 live in Virginia, according to the Pew Hispanic Center in Washington. The U.S. Census Bureau says an additional 440,000 people in Virginia are not U.S. citizens but are in the state legally.

3. More Immigration Losers - The Wall Street Journal remarks: the GOP hardliners have to face the reality that immigration reform is not unpopular. This Opinion piece notes Virgil Goode's loss to Tom Perreillo - which became official this week. For the second straight election, incumbent Republicans who attempted to turn illegal immigration into a wedge issue lost their election. Anti-immigration hardliners Randy Graf, John Hostettler and J.D. Hayworth were among the Republicans who lost in 2006. In addition to Goode, joining them this year were GOP Representatives Thelma Drake (Virginia), Tom Feeney (Florida), Ric Keller (Florida)and Robin Hayes (North Carolina) - all Members of a House anti-immigration caucus that focuses on demonizing the undocumented and advocating for things like mass deportation and denying citizenship to U.S. born children of undocumented persons.

4. GOP Immigration Strategy Goes Down in Flames - El Paso newspaper citing the most recent poll conducted by America's Voice and Lake Research.

5. Jeb Bush Readies to Woo Hispanics- In an interview, most importantly, Bush said his party must embrace the nation's changing demographics:

"We can't ignore large segments of our population and expect to win," Bush said. "We can't be the ‘old white-guy' party. It's just not going to work, the demographics go against us in that regard...". "Among Hispanic voters, I think we need to change the tone of the conversation as it relates to immigration. In Florida, we've not participated much in the chest pounding and the yelling and the screaming. I mean, it just drives me nuts when there are substantive policy differences that we can show mutual respect on, but the tone needs to change. And I think we need to recruit more candidates who share our values in the Hispanic community. In Florida we've done that."

This provides a window into the strategy Jeb will use if he runs for Senate.

Intelligence Report: Anti-immigration Leader at Heart of White Nationalist Scene for Decades - This report just released by the Southern Poverty Law Center (SPLC) details more precisely what SPLC has been reporting for some time: John Tanton, the architect of the modern anti-immigration movement and founder of the Federation for American Immigration Reform (FAIR) has been at the heart of the white nationalist scene for decades, working with racist intellectuals, Klan lawyers and even Holocaust deniers.  Speaking of which, the "think tank" of the hate network funded by Mr. Tanton, Center for Immigration Studies (CIS) appears in this article on alleged "Green Card Marriage Fraud." While there is little data to substantiate the alleged incidence of fraud in marriages between one U.S. citizen and one non-citizen, even one case of fraud is unfortunate. In this regard, we thank CIS for furthering our argument for CIR - so long as the immigration system is broken and so long as there are insufficient legal channels for those currently living in the United States, or those wanting to come here, people will continue to find ways outside of the system to come here. So let's get a law passed that provides for a realistic number of visas, a speedier green-card process through employment and family, and additional realistic legal channels for permanent residence.

Outlook on Napolitano- A New York Times Editorial on the role Gov. Napolitano could play in achieving Comprehensive Immigration Reform as DHS Secretary. This op-ed makes many of the arguments NDN has posited on the inadequacy of "enforcement-only", and makes a compelling argument for the urgency of CIR:

How badly have [enforcement-only] efforts failed? Since Congress passed the Secure Fence Act of 2006, instead of comprehensive reform, 32 tunnels have been discovered under Arizona's border with Mexico, according to research by The Arizona Republic's Sean Holstege. That's more than all tunnels previously found in Arizona. Drug cartels finance tunnels, but transporting people into the country illegally has become so lucrative that drug smugglers increasingly are mixing their cargo. If the U.S. had a process to legally bring in needed foreign workers and legalize the current undocumented population, the reduction in the Border Patrol's workload would allow border law enforcement to focus on drug smuggling. There's reason to hope the new Congress will act on that simple reality.

The Immigration Crystal Ball - NPR is doing a great job focusing on border and immigration issues, Jennifer Ludden explores how enforcement priorities may change under President Obama and why "Immigration Experts Expect Fewer Workplace Raids." There's also a great deal of debate over whether immigration reform will happen, and when: 1) an interesting blog by Roberto Lovato, 2) A Dallas Morning News post by William McKenzie posits "Why Immigration May Go Forward," while a John Riley article in Dallas Morning News argues that immigration reform "Takes backseat to the economy."

No one really knows, all we can do is educate and advocate. The bottom line is that President-Elect Obama has demonstrated a commitment to immigration reform - he has spoken about this issue as a priority, and here's how he'll go about it.

The Economy and Immigration - And why should immigration and the economy be considered separate priorities, exclusive of each other? At NDN we've discussed why there is opportunity for immigration reform to form part of a new plan for the economy. In a post this week, Jeff Cornwall of Belmont University also posits that immigration may be part of the answer to give the economy an entrepreneurial boost:

Most studies find that immigrants are more likely to be entrepreneurs or self-employed than the population as a whole. The Philadelphia Business Journal reports on yet another study that adds more support....Current policy makes it difficult for entrepreneurs to enter the U.S. legally.

In a different post, Jaya Ramji-Nogales writes about one of the effects of the economic downturn on immigrants:

The "Lou Dobbs" effect; as xenophobic vitriol and resulting anti-immigrant sentiment has increased, so has violence against immigrants or those who appear to be immigrants. Add that to an economy in free-fall, and the result may be highly combustible.

Number of Undocumented Immigrants Continues to Fall - According the Center for International Trade of University of Texas at San Antonio, 1.3 million, or 11% of undocumented immigrants have returned to their home country this year. A right wing website similarly reports a dramatic decline, the difference is in the causes to which the decline is attributed. The UT study correctly attributes the decline to the economic crisis and a decrease in the supply of jobs, combined with increased raids and workplace enforcement. The nativist website draws a very incorrect and very dangerous conclusion: that "illegal immigrants" started heading home "immediately" after the failed attempt at CIR in the Senate in Summer of 2007, which is completely false. The first evidence of undocumenteds leaving began earlier this year, during late summer and Fall of 2008, in response to the economic crisis, as opposed to a bill in Congress. As we move forward, and as President Obama works with Congress to pass immigration reform, we have to be very careful to fight back against that 10% of people in the U.S. who will be spreading misinformation such as this.

Immigration Changing Course, A Story that Needs Telling - The Miami Herald has begun a series on the course of immigration, "It's an important story for a country built on immigration and yet often ambivalent about its impacts. Over a generation, new arrivals from Mexico, the Caribbean and throughout Latin America have reshaped this country. Nowhere is that more the case than in South Florida, where millions of legal immigrants and nearly one tenth of the estimated 12 million illegal immigrants in the United States have settled."

Hate Crimes Changing Political Climate - On Tuesday, activists called for investigation of Suffolk hate crime statistics. This is the beginning of what we hope to be an ongoing PR campaign to encourage victims to report hate crimes, and to encourage law enforcement to crack down on such criminal activity.

El Universal reports an increase in remittances to Mexico over the last month, with immigrants taking advantage of the recent devaluation of the peso. Remittances rose 13% compared to October of 2007, coming to a total of about $2.4 billion. This is the first rise in remittances after 14 months of a consecutive decline. Even though they rose from last October, remittances are still less than they were in January of this year. And the AP reports on Philadephia's growing immigrant community.

Updates from our last report on the Elections and Immigration: Georgia's Senate Race just two weeks away - The runoff election will take place on December 2 and early the voting period began on Monday in many of the state's counties. Saxby Chambliss and Rep. Jim Martin - the Democratic challenger - are battling voter fatigue, they have to persuade supporters to come out again to vote. A Democratic win in Georgia would be yet another severe blow to the GOP in a state considered a stronghold for them. For immigration advocates, a win by pro-CIR Jim Martin would mean another win for those of us working for immigration reform.

Begich Defeats Convicted Sen. Ted Stevens in Alaska - Senator-elect Begich (D) defeated Stevens by 3,724 votes, a margin of more than 1 percentage point, putting Democrats closer to the 60 seat mark in the Senate. While Stevens has conceded this election, in Minnesota the candidates are still fighting in out. Election officials began a recount yesterday in the race between Republican Sen. Norm Coleman and Democrat Al Franken. So far Coleman leads Franken by 216 votes out of 2.9 million cast.

Obama picks scholars to develop immigration plan - Alexander Aleinikoff, Dean of the Georgetown University Law Center, and Mariano Florentino Cuellar, professor at Stanford Law School will lead the policy working group designated for immigration. Click here to read some articles by Dean Aleinikoff, and here to read more about Florentino Cuellar. In addition, it's looking more and more like Gov. Janet Napolitano will take on the important position of DHS Secretary. In the meantime, Julie Myers is officially no longer at ICE, and John Torres will take the helm through the end of this administration. And according to Adfero Group, these are the 10 most important jobs to be filled at ICE.

New Bedford Factory Targeted in Raid to pay $850,000 in overtime - The owners of the factory settled a class action lawsuit this week, agreeing to pay 764 current and former workers $850,000 owed in overtime.

The Texas GOP just doesn't get it - the Texas State Legislature will see several bills related to illegal immigration this session - "Advocates for a crackdown on illegal immigrants, apparently undaunted by their failures in the last Legislature, have filed a slew of bills for the upcoming session that are even stronger in tone and approach." The GOP is allegedly panicked about their lack of support among Hispanics, but Texas Republican legislators don't seem to get it. The bills go beyond the usual, one is for English-only, another would require public schools to check the citizenship of their students. Another would require illegal immigrants to be banished to self-described "sanctuary cities." Author Leo Berman, R-Tyler said, "The federal government is requiring us to give free education and health care to illegals," Mr. Berman said. "It's the largest unfunded mandate in the history of our nation." Another bill filed for the 2009 session allows police to check people's immigration status under "reasonable suspicion" that they might be illegal immigrants - really. Another refuses birth certificates to children born in the U.S. to parents who are here illegally.

On the flip side, a bill by Rep. Roberto Alonzo, D-Dallas, prohibits cities from restricting landlords on who can rent homes from them - a direct criticism of Farmers Branch's efforts to keep illegal immigrants from renting homes there. Another bill would create a task force to fight human trafficking. "The reality is that these problems can only be solved in Washington, D.C.," said Rep. Rafael Anchía, D-Dallas. "Even if every immigration-related bill passed in the Texas House, it would be wholly ineffective at dealing with the larger issue of how we align our immigration policy with the needs of our labor force. And that's what's driving illegal immigration." I wholeheartedly agree - and so far I've heard many doubts as to whether immigration reform will even be addressed by the 111th Congress.

Will Reform Happen in 2009? - Well, Congress should do so - after the 2006 midterm elections two years ago, congressional job approval was 26%. In this week's Gallup poll, Congressional approval is now at at 19%, with a 74% disapproval rating. Polling data consistently shows that immigration is not the third rail of politics - it's not that people are against reform, if you take the time to ask, people are against the broken immigration system and they want it fixed. Two-thirds of all voters support a comprehensive approach to immigration reform. Patience is not a virtue when it comes to immigration reform - how much longer can we wait? Obama is facing pressure from immigration advocates and from voters, particularly mixed-status families, to pass reform. Many articles posit that Latinos "may" question Obama on immigration - I disagree, Latinos will question Obama on immigration.

As reported by La Jornada, "the Latino vote is not a blank check...it represents the aspiration for change, social and economic justice for Latinos." Hopefully President Obama will work with Congress to fix our very broken immigration system, and fight against the few who confuse reform for "open borders." The Americas Policy Program attempted to explain how the two camps are "retrenching" on the issue of immigration reform, but their explanation merits comment - their article argues that opponents of reform argue that CIR can't happen during a time of economic downturn for fear "we'll lose jobs." The unemployment rate has increased for many reasons that have nothing to do with immigration policy.  All data demonstrates that undocumented immigrants perform jobs that Americans don't want, and by legalizing those without papers, we would be bringing them out of the shadows and improving wages for all, thus increasing wages across the board and fostering a more productive consumer base. The economic crisis is no argument against reform, if anything, CIR can be used as a tool to help improve the economy. The article says proponents of reform are arguing that the new administration "owes" the Hispanic/Latino electorate, i.e., they should pass it because we want it. Not really - while the Democratic party can certainly expect a backlash at the polls for not fixing the broken immigration system, it will come not only from Latinos, but from all the voters who currently feel Congress has not delivered solutions. Yes, Hispanic voters will be watching to see whether Obama "keeps all his promises," and you can bet he won't feel the love next time at the polls if he does not, but CIR shouldn't pass just because Latinos want it, it should be passed because from a policy and a political standpoint, the right and the best thing to do is to pass it in 2009.

Instances of Mistreatment of Children under CPB and ICE custody - A study released by the Center for Public Policy Priorities (CPPP) found that more than 43,000 undocumented, unaccompanied children have been mistreated while in custody and denied access to representation by Customs and Border Protection (Border Patrol) and Immigration and Customs Enforcement (ICE) and then transported home unsafely. The story was also reported by Latin American press, with reports of children being caged, neglected, and denied medical care.

Decorated immigration agent arrested on crystal meth charges.

Read the signs - A CQ article from this week makes some good points, but slightly misread the polling data from Lake Research, saying the issue of immigration has "cooled" - hardly. As Hispanics are being attacked and ostracized throughout the country, a more accurate point in the story that should be highlighted: "Hispanics could blame Democrats for immigration inertia, or feel that implicit campaign pledges weren't honored." A post-election poll by Lake Research Partners for America's Voice found that Hispanics turned their backs on the GOP - even though President Bush and Sen. John McCain , R-Ariz., both favored comprehensive legislation - because of perceptions that Republicans blocked the immigration overhaul in 2007 and used inflammatory rhetoric in the process. And Hispanics will only continue to determine candidates' political fate based on this important issue, as Robert Paral and Associates have reported - the 2008 election results demonstrate that, "even in states where the Hispanic community is relatively small, they can tip those states, they can be kingmakers if the other groups are evenly balanced." Paral expects the Hispanic vote to be the pivotal swing in future elections too, as more Hispanics register to vote, not only in traditional immigrant-receiving states, but also in states with fewer immigrants, such as New Hampshire, Connecticut, Oregon and Pennsylvania.

E-Verify not Ready for Prime Time - According to the ITAA, the final rule published this week requiring federal contractors and subcontractors to screen workers and new hires through the E-Verify system each year will put significant new burdens on those employers at least in the short term.

Immigration authorities need to release the guidelines they use in deciding 'stipulated removal' cases - In the last few years, the number of illegal immigrants in detention who waived their right to plead their case to remain in the United States has shot up from 5,500 in 2004 to 35,000 this year. In all, nearly 100,000 people have agreed to leave the country under "stipulated removal." Not surprisingly, troubling reports have surfaced of immigrants who say they were encouraged to self-deport without knowing that they had valid legal claims to remain in the U.S. and to have a hearing before a judge. Immigrants' rights groups are suing the Department of Homeland Security and other federal agencies, demanding they divulge their procedures for informing detainees of their rights. The department, which has made only half-hearted attempts to comply, should be made to do so.

Querétaro, Mexico gets appropriation for immigrants - The lower chamber of the Mexican Congress approved 704 million pesos to support immigrants returning to 10 states of the country, 50 million of this sum will go to the state of Querétaro.

Oberlin, OH considering becoming sanctuary city.

UN Trade Chief sees up to 6 percent drop in migrant remittances in 2009 - Migrant remittances, a vital source of income for poor countries, could decline by up to 6 percent next year due to worsening economic conditions around the world, the U.N.'s trade chief said last Friday.

Words Have Consequences - Click to read our coverage of hate crimes. Most recently, the death of Ecuadorian immigrant, Marcelo Lucero.

Tomorrow, America's Voice will release more detailed information on races in which the immigration debate took a prominent role, and how that affected candidates. In the meantime, how might the Democratic gains in the House and Senate affect the likelihood for comprehensive immigration reform (CIR) in 2009? Democrats have a 259-176 majority in the House and 57-40 in the Senate, pending the outcome of a few close races. Of all the Senators who voted for the cloture motion in the Senate, we lost Sen. Biden (D), Sen. Craig (R), and Sen. Hagel (R) - we can expect that the Governor of Delaware will appoint another CIR-friendly Senator - Craig has been succeeded by Jim Risch (R) and Hagel by Mike Johanns (R), both anti CIR. Luckily, there are gains for CIR in the Senate with the loss of anti CIR Senators: Elizabeth Dole (R) and Gordon Smith (R), and the retirement of John Warner (R). With the loss of Sen. Smith to Jeff Merkley (D), both Oregon Senators are now pro-CIR democrats. At least 5 pro-CIR candidates defeated anti-CIR advocates, turning Senate seats around. However, immigration reform will most likely begin in the House this time. There are several House races where pro-CIR Democrats defeated anti-CIR Republicans (click on the candidates to see their stance), that we would like to highlight:

Virginia 2 - Of note, Glenn Nye (D), defeated the fervently anti-CIR Thelma Drake (R) after her 2 terms in Congress. Nye has said that he won't support "amnesty for those who have jumped the line," but since comprehensive immigration reform doesn't call for amnesty, but rather for legalization of the undocumented and placing them at the end of the line of those already waiting for citizenship, his position should not differ from CIR advocates.

Virginia 5 - Tom Pereillo (D) has defeated very anti-immigrant Virgil Goode (R) in a close election, 50%-49%.

Virginia 11 - For Tom Davis's open seat, Gerry Connolly (D) defeated Keith Fimian (R) 53%-45%.

The Republican losses in Virginia serve as proof that anti-immigrant rhetoric does not pay. The Republican-held Virginia State Assembly has spent the last few years concentrating much of its energy on demonizing immigrants and Hispanics, and the Republicans who lost these seats had been major proponents of this strategy and fighters against a solution to the broken immigration system - clearly, there is a price to pay for hate-mongering and for inaction on immigration reform.

Oregon 5 - Rep. Darlene Hooley, a member of the New Dem Caucus, left an open seat and pro-CIR Kurt Shrader (D) defeated Mike Erickson (R) 56%-37% to succeed her.

Connecticut 4 - Jim Himes (D), who was actually born in Peru and lived in Peru and Colombia for the first 10 years of his life and still speaks fluent Spanish, defeated Republican incumbent Chris Shays (R), 51%-48%.

Arizona 1 - Ann Kirkpatrick (D) defeated Sydney Hay (R) for Rep. Rick Renzi's open seat 56% - 40%.

New Mexico 3 - Ben Lujan (D), another Latino joins the House Democrats after defeating Dan East (R), 54%-32%.

New Mexico 2 - Harry Teague (D) defeated Ed Tinsley (R) 55%-45% for Rep. Pearce's open seat.

Colorado 2 - Jared Polis (D), CIR advocate, defeated Scott Starin 62%-34%.

Colorado 4 - Another interesting win for Democrats, Betsey Markey (D) defeated incumbent Marilyn Musgrave (R) 56%-44% .

Nevada 3 - Dina Titus(D) ousted incumbent Jon Porter (R), 55%-43%, in this district with a large and growing immigrant population, not to mention the district represents part of a county that contains the large share of the state's total population (Clark County). Titus is for CIR and the DREAM Act.

New York 29 - After 2 terms in Congress, Randy Kuhl (R) was defeated by pro-CIR Eric Massa (D).

Idaho 1 - Incumbent Bill Sali (R) was defeated after 1 term by Walter "Walt" Minnick (D).

Other House Races of Note: In these races, the Dem candidate has defeated the Republican, however, we remain uncertain as to the winner's stance on immigration.

Pennsylvania 11 - Again, hate mongering doesn't pay: Rep. Paul Kanjorski (D) won his bid for re-election against former Mayor of Hazelton, PA, Lou Barletta (R). While Kanjorski is not exactly a CIR advocate, we can count our blessings that Barletta, who did not miss an opportunity to verbally attack Hispanics and immigrants and who worked to vilify immigrants in their own community, lost this race 52%-48%.

Pennsylvania 3 - Kathy Dahlkemper (D), small business-owner and the first woman elected to Congress from her district, defeated incumbent Rep. Phil English (R), who was very much anti-CIR.

North Carolina 8 - Rep. Robin Hayes (R ) was defeated by challenger Larry Kissell (D).

Ohio 1 - Incumbent Steve Chabot R) was defeated by Steve Driehouse (D), who seems to be for increased enforcement.

Florida 8 - Alan Grayson (D) defeated incumbent Ric Keller (R).

Michigan 7 - Mark Schauer (D) defeated incumbent Rep. Tim Walberg (R).

Senate Races Where CIR Democrat defeated Enforcement-only Republican:
NC - Kay Hagan (D) v. Incumbent Elizabeth Dole (R), 53%-44%.

CO - Sen. Allard's open seat, Mark Udall (D) v. Bob Schaffer (R) 52%-43%.

NH - Jeanne Shaheen (D) defeated incumbent John Sununu (R), 52%-45%.

VA - Mark Warner (D) defeated Jim Gilmore (R) for John Warner's open seat, 64%-35%.

NM - For Sen. Domenici's open seat (R), Tom Udall (D) defeated Steve Pearce (R), 61%-39%.

Races where CIR Democrat has challenged enforcement-only Republican and results are not final:

AK - Incumbent Ted Stevens (R) v. Mark Begich (D); race too close to call. UPDATE 11/13/08: This morning Begich was declared ahead by about 800 hundred votes, but the count continues.

MN - Incumbent Sen. Coleman v. Al Franken; race too close to call and we hear both campaigns are lawyering up for a battle.

GA - Incumbent Sen. Chambliss (R), who was a loud voice anti-reform in 2007 threatens to return to the Senate. Luckily, the race against Jim Martin (D) is still too close to call. However, we hear that after a challenge against the citizenship of voters in Georgia, around 5,000 ballots were thrown out and not counted. At the same time, Chambliss has allegedly raised an additional $1 million for this race and has called in all the big guns: Sen. McCain, Palin, Romney, Huckabee, Gingrich and Giuliani to campaign with him in Georgia before the Dec. 2 run-off election. Martin is good on immigration, so supporters of CIR should remain focused on this race.

California 4: In the race to succeed Republican Rep. John T. Doolittle , Republican state Sen. Tom McClintock continues to open a lead, as of the latest totals totals, McClintock led by 451 votes in California's 4th District race. However, pro-CIR Democrats have a majority of the CA delegation, with 34 House seats, to 18 held by enforcement-only Republicans.

Louisiana 2: Nine-term Democratic Rep. William J. Jefferson is awaiting trial on federal corruption charges, but he is still heavily favored to defeat Republican lawyer Joseph Cao in a black-majority, heavily Democratic swath of southeastern Louisiana that includes the bulk of New Orleans.

Maryland 1: State Sen. Andy Harris, who defeated longtime Rep. Wayne T. Gilchrest in the Republican primary, trails Democratic county prosecutor Frank M. Kratovil Jr.

Ohio 15. Republican state Sen. Steve Stivers leads Democrat Mary Jo Kilroy, a county commissioner in Columbus, by 321 votes, with thousands of provisional votes to be counted.

Washington 8: In suburban Seattle, slow tabulating means a rematch race between two-term Republican Dave Reichert and Democrat Darcy Burner. Reichert's lead has grown to 4% with 90% of precincts counted.

This election had important results for immigration issues, not just because of the individuals elected, but because of the ballot measures passed or rejected:

1) Proposition 202 in Arizona, which would have risked extreme penalties for businesses by linking employee immigration status to their business license, failed: 59.2% No, to 40.8% Yes. It was called, "a racist proposition that should not be enacted because the U.S. can't get a responsible solution to the broken immigration system." UPDATE: In response to my reader's comment, first - please be assured that NDN will never comment on policy without having full understanding of an issue. Second, Prop 202 would have made individuals involved in the hiring process accountable for hiring undocumented immigrants, which many businesses supported because it would liberate them from the responsibility of checking work authorization and pass it on to their HR employees (or employee). It has been called a racist proposition because as with the current flawed electronic employer verification system, there is a potential for misuse, "screening" prospective employees even before they're hired, which would only be more likely to happen if an individual bears the full responsibility of checking status and faces fines or criminal charges for potential violations. The bottom line is that at NDN we agree that propositions like these are not a solution, the U.S. needs a responsible solution to the broken immigraton system at the federal level, since states have no authority to change federal immigration law.

2) In Missouri, a proposition making English the official language in all government activities passed, 85.8% Yes, to 14.2% No. Clearly, people don't understand the consequences of making English an "official language," does this mean that state hospitals won't provide for translation if necessary when they get a patient that is less than proficient in English? Or that Court's in their daily business won't need to provide a translator to the accused so that he/she understands the charges against them? Yes, and yes. Clearly we still have more to do when it comes to "social progress..."

3) In Nebraska, a ballot measure prohibiting affirmative action in state institutions passed.

4) In Florida, an initiative intended to end a legacy of bias against Asian-Americans was defeated Tuesday, apparently because voters incorrectly assumed it would prevent illegal immigrants from owning property. Had it passed, the initiative, known as Amendment No. 1, would have removed from the state's Constitution language adopted in 1926 allowing the Legislature to prohibit foreigners who were barred from citizenship - Asian-Americans at the time - from owning land. No such legislation was ever enacted here, and every other state that had such laws has scrapped them on grounds of equal protection. But Florida's effort to delete the provision failed with 52% No and 48% voting Yes.

5) "Demography is Destiny" - Pat Buchanan finally recognizes the importance of the Hispanic community, but just when you think we've made progress, just when I thought Buchanan was finally the wiser and about to give his party sage advice, he followed up with a statement that shows his complete ignorance of the Hispanic community. He thinks Hispanics voted for Obama because, "They look to government," and "the idea of small government doesn't appeal to them." Are you kidding,me? Native-born Hispanics most certainly don't fall into this category as they largely sided with the Republican party, until the GOP decided to go on the attack against them for fear they might not be "legal." And foreign born Hispanics have come to this country largely because of their distrust of government! Latin American governments have been known for corruption and scandal, which has caused a very deeply rooted mistrust of government and politicians among foreign-born Hispanics, in general. So I say no Pat, Hispanics do not want handouts, they want a government who is a partner, not a parent. If you ask them, large government scares most Latinos, while the idea of small government does appeal to them (the opposite of what Pat says in this video). And I'm shocked by Joe Scarborough, saying that Latinos will come around once they "understand working hard"....really? I take it Joe hasn't been out on the tomato and orange fields in Florida,and he must not go to restaurants or hotels, and he must not have walked around South Florida and noticed that the engine of that economy is made up of Latino-owned businesses. No, Hispanics didn't vote for Barack Obama because they're "socialist" or "liberals," they voted for him precisely because of the ignorance shown by these two Republicans, and reflected by the GOP brand. They voted for the Democratic Party because that party has not insulted all Hispanics, ubiquitously questioning their very right to be in this country. Latinos resent that racial profile, that is why they didn't vote for Sen. McCain. But you are right Pat, demography is destiny, so the GOP has a lot of soul-searching to do.

6) Immigration to Go Paperless - The Washington Post Reports:

The Bush administration has launched a major overhaul of the nation's immigration services agency, selecting an industry consortium led by IBM to reinvent how the government handles about 7 million applications each year for visas, citizenship and approval to work in the United States, officials announced yesterday. If successful, the five-year, $500 million effort would convert U.S. Citizenship and Immigration Services'case-management system from paper-based to electronic, which could reduce backlogs and processing delays by at least 20%, and possibly more than 50%. The new system would allow government agencies, from the Border Patrol to the FBI to the Labor Department, to access immigration records faster and more accurately. In combination with initiatives to link digital fingerprint scans to unique identification numbers, it would create a lifelong digital record for applicants. It also would eliminate the need for time- and labor-intensive filing and refiling of paper forms, which are currently stored at 200 locations in 70 million manila file folders.

7) Bye-bye Ms. American Pie - Julie Myers, Assistant Secretary for Immigration and Customs Enforcement(ICE) has resigned and will be leaving her post on November 15. She has been a controversial figure since the day that President Bush nominated her, possessing almost no immigration or customs experience. Rep. Zoe Lofgren, Chair of the House Subcommittee on Immigration and career immigration lawyer spoke of Ms. Myers's lack of qualifications as a major issue during our forum on immigration: "This is the worst administration I've ever seen, starting at the top of ICE...I served with Jim Sensenbrenner, one thing Jim was insistent on was that there be competent people in the job....you had to know something about immigration law, that you had to have managed a large organization...instead, we had Julie Myers, appointed at age 36, she held a variety of jobs, never managed more than one or two people," so Rep. Lofgren believes that, no doubt, an important qualification of hers might have been that she worked for Ken Starr, and that her uncle is Air Force Gen. Richard Myers, former Chair of the Joint Chiefs - oh, and her husband, John F. Wood, also served as Chief of Staff to Secretary Chertoff. This lack of expertise has caused ICE to "be run in a way that has elicited condemnation, the lack of qualification has become apparent." During her tenure, ICE was heavily criticized for carrying out politically-motivated immigration raids, for having unacceptable conditions in detainee centers that caused the death of who knows how many detainees who were denied care, and most recently the Department as been resistant to Rep. Lofgren and Sen. Menendez's legislation to quantify basic medical health standards, and there has been a clear degradation of due process under her watch. What bothers Rep. Lofgren the most is that "they also just don't same to care."

I. Immigrants continue to head south, Prop. 202 in Arizona remains under scrutiny, and here's an interesting op-ed by Jorge Castañeda linking trade, the economy, and immigration.

II. Fear and loathing continues at McCain rallies.

III. What Constitution? Charlie Savage and the New York Times report (surprise, surprise) the Bush administration has informed Congress that it is bypassing a law intended to forbid political interference with reports to lawmakers by the Department of Homeland Security. The August 2007 law requires that the reports on activities that affect privacy be submitted directly to Congress "without any prior comment or amendment" by superiors at the department or the White House.

IV. DHS Can't Sit Still: Not happy with the results of their brilliant "Deport Yourself" initiative or the outrage caused by USCIS detainee conditions and the mistaken detention of U.S. citizens during ICE raids, on October 23, the Department of Homeland Security (DHS) issued a final administrative rule that sets new procedures for employers who receive "no-match" letters from the Social Security Administration (SSA). Each year, SSA sends businesses ''no-match'' letters with the names of workers whose Social Security number on W-2 forms don't match SSA records. The DHS rule would require employers to correct the discrepancy or fire the worker within 90 days. Failure to comply could bring prosecution and heavy fines.

Setting aside the flawed policy behind this rule for a moment, could Secretary Chertoff have picked a worse time to issue this rule? Definitely not. This rule, made public 11 days before a Presidential election during which minorities and naturalized citizens have the power to swing numerous battleground states, and during which the incumbent Administration's candidate is far behind in the polls, could be interpreted by Hispanics (native and foreign-born) and immigrants of all races and ethnicities as another expression of the Republican party's anti-immigrant stance. Additionally, this "enforcement-only" approach places greater financial and legal burdens on employers, while simultaneously putting workers at risk of losing their jobs during a time of severe economic crisis - the federal government is spending hundreds of billions of dollars trying to rescue the nation's banking, credit and housing markets, yet Secretary Chertoff is pushing ahead with a potentially job-crippling program that, at the end of the day, is ineffective in curtailing undocumented immigration.

Luckily, a court injunction will remain in place against the rule until the Court issues its final decision. The next hearing in this litigation is set for November 21, 2008 to set a schedule to present arguments, so this case won't be resolved anytime soon. Accordingly, SSA will not send any no-match letters to employers until the matter is resolved. Therefore, notify the American Civil Liberties Union (ACLU), the AFL-CIO, or the National Immigration Law Center (NILC) if you know of any employer trying to implement this rule.

This final rule is basically unchanged from its original version, issued in August 2007, despite a court ruling in June of this year that: a) Questioned whether DHS had a reasoned analysis to change its position in regards to employer liability, b) Found DHS had exceeded its authority by interpreting anti-discrimination provisions in immigration law (IRCA), and c) Violated the Regulatory Flexibility Act (RFA) by not conducting the analysis of the rule's impact, as required by law (doh!, that pesky analysis thing).

This rule is misguided, too costly, and ineffective:
1. Originally SSA no-match letters were an attempt by SSA to correct discrepancies in their records that can prevent workers from getting credit for their earnings. These letters were never intended to be used as an immigration enforcement tool--no-match letters are not evidence of an immigration violation. As stated in a judicial opinion, no-match "does not automatically mean that an employee is undocumented or lacks proper work authorization. In fact, the SSA tells employers that the information it provides them ‘does not make any statement about . . . immigration status.'"

2. The implementation of this rule is far from a solution - it will only increase unemployment at a time of severe economic crisis.
a. According to DHS, it would cost $36,624 a year for the largest small businesses to comply, not including the costs of termination and replacement of workers. It could have a staggering impact on businesses caught between the financial and legal liability they would face if they fail to comply, and the financial and legal liability they would face for wrongly firing a worker whose name was listed in error. If implemented, the rule also could have a chilling effect on millions of immigrant workers in construction, agriculture and service industries at a time when the U.S. economy can ill afford it. Many businesses, too, fearing government prosecution will decide to dismiss or not hire workers that they suspect may have an immigration problem.

b. An economic analysis by the U.S. Chamber of Commerce estimated that under the new rule, 165,000 lawful U.S. workers could lose their jobs, at a cost to employers of approximately $1 billion per year. In her testimony before the Immigration Subcommittee, U.S. Representative Gabrielle Giffords discussed the effects of mandatory use of E-verify at the state level in Arizona, and reported that between October 2006 and March 2007, 3,000 foreign-born U.S. citizens were initially flagged as not authorized to work.

c. Under a mandatory E-Verify program, USCIS has estimated that annual employer queries of newly hired employees would be an average of 63 million. A GAO study from June 2008 found that about 7% of the queries initially appear as a "no-match" to SSA, and about 1 percent cannot be immediately confirmed as work authorized by USCIS, and:

The majority of SSA erroneous tentative nonconfirmations occur because employees' citizenship or other information, such as name changes, is not up to date in the SSA database, generally because individuals do not request that SSA make these updates.

Taking the modest estimate of 63 million queries per year, at the 7% initial error rate found by GAO, that translates to 4.41 million potential no-matches, i.e. persons who could be pushed to unemployment, again, at a time when the national unemployment rate is above 6%. If we extrapolate 7% unconfirmed queries to the existing civilian workforce - over 154 million people - the number jumps to 10.7 million people in danger of losing their jobs.

3. Mandatory e-verify would require an increase in capacity at USCIS and SSA to accommodate the estimated 7.4 million employers in the U.S. The GAO study found that e-verify would cost a total of about $765 million for fiscal years 2009 through 2012 if only newly hired employees are queried through the program and about $838 million over the same 4-year period if both newly hired and current employees are queried.

A study performed by Dr. Richard Belzer, former official of Office of Management and Budget, concluded that this program would cause an estimated increase of 610,000-2.7 million visits per year to SSA. He also pointed out that DHS made no estimate of the authorized worker unemployment that would result from erroneous no-match letters.

4. The rule is ineffective because it ignores unintended consequences:
a. Instead of discouraging undocumented immigration, the rule will only increase identity theft by making it more valuable for unauthorized workers to have genuine social security numbers.
b. The rule will have to be followed by more rounds of rulemaking, for example, how to deal with duplicate instances of SSA numbers, in addition to "no-match."
c. The rule will shift unauthorized workers into independent contracting and the "underground" economy, which will only risk pushing wages down during a time of economic crisis.

5. E-Verify is vulnerable to acts of employer fraud and misuse. GAO found:

- The current E-Verify program cannot help employers detect forms of identity fraud, such as cases in which an individual presents genuine documents that are borrowed or stolen.
- As USCIS works to address fraud through data sharing with other agencies, privacy issues may pose a challenge. In its 2007 evaluation of E-Verify, Westat reported that some employers joining the Web Basic Pilot were not appropriately handling their employees' personal information...and anyone wanting access to the system could pose as an employer and obtain access by signing a MOU with the E-Verify program.
- Westat reported that some employers used E-Verify to screen job applicants before they were hired, an activity