Immigration court system takes away due process

by: Restore Fairness

Wed Feb 10, 2010 at 17:08:35 PM EST

Whining starts about lack of guest worker program in Gutierrez bill

by: Duke Reed

Wed Dec 16, 2009 at 10:51:11 AM EST

Of course, from the wingnutosphere we got the usual "amnesty" canard:

On Capitol Hill, the bill was declared dead on arrival by some Republicans - and, privately, by some Democrats - and denounced as impractical and amounting to amnesty for people who had entered the country illegally. Two previous Congressional efforts to revamp immigration laws in the Bush years failed largely because of similar objections.

Representative Brian Bilbray, a California Republican who heads the House Immigration Reform Caucus, said the bill would only generate a new wave of migrants to compete with Americans for jobs at a time of 10 percent unemployment.

NYT

As far as Bilbray goes, we've come to expect little more from the former chief lobbyist for the hate-group, Federation for American Immigration Reform. It's pretty safe to assume that FAIR,  NumbersUSA, The Congressional Immigration Caucus and the whole of the wingnut media machine will be crying "shamnesty, shamnesty" before this time tomorrow.  It's a well-worn and dog-eared page from the right-wing playbook.

But unlike in past immigration battles, this one has the corporatist wings of both parties with their panties in a wad also. In large part due to the fact that Rep Gutierrez had the nerve to introduce a "comprehensive immigration bill" without a guest worker program...(like "comprehensive" is somehow synonymous with exploitable, temporary, indentured servants)

Democrats in the Senate who would steer an immigration overhaul through that chamber generally welcomed Mr. Gutierrez's bill, though aides said it was too liberal to win passage as written.
...

The bill lacks a broad program championed by many Republicans, as well as Democrats including Mr. Obama, to address future labor demands and to better control the flow of immigration. To do that, they have advocated a program under which people could work only temporarily in the United States and then return home. Instead, the bill calls for a federal commission to study the best approach for the "future flows of workers."

"In order for immigration reform to be effective, it needs to be comprehensive," said Representative Jeff Flake, an Arizona Republican who collaborated with Mr. Gutierrez on previous immigration bills but not this one. "Any bill without a temporary worker program is simply not comprehensive."

Senator Charles E. Schumer, Democrat of New York, is working with some Republicans on a separate bill that he has said could be ready whenever Mr. Obama asked for it..

Despite the protestations of Mr Flake, (whose most memorable contribution to the reform debate thus far was the failed STRIVE act of 2007 with it's triggers, touchbacks and flaming hoops of fire through which to jump before allowing the undocumented to normalize status), temporary workers are not the ONLY way to "address future labor demands and to better control the flow of immigration".

In fact if he (or the NYT reporter who wrote this article, for that matter) actually read the bill proposed by Rep Gutierrez, he would have seen it contained perhaps the most effective method to address both labor demands and future immigration flow we've seen in any of the myriad of immigration reform proposals that have come down the pike in the last few years.

Rather than letting business interests, with their insatiable need for cheap, exploitable labor, dictate the flow of immigration through both legal and illegal channels, Gutierrez's bill creates a new antonymous regulatory agency within the executive branch solely charged with setting both policy and specific levels for all future employment-based immigration.

Perhaps it was the title of this new government agency, the "Commission on Immigration and Labor Markets" that threw Mr Archibold, of the NYT off and led him to believe that it was nothing more than "study group"...or maybe he just didn't do the necessary research, or perhaps he enjoys caring water for the likes of Flake...who knows.  

SEC. 501. COMMISSION ON IMMIGRATION AND LABOR MARKETS.

(a) ESTABLISHMENT OF COMMISSION.-

(1) IN GENERAL.-There is established a permanent, independent, Federal agency within the Executive Branch of the United States to be known as the Commission on Immigration and Labor Markets

(2) PURPOSES.-Through objective, thorough, accurate and nonpartisan review and analysis, the purposes of the Commission are to-
(A) establish employment-based immigration policies that promote America's economic growth and competitiveness while minimizing job displacement, wage depression and unauthorized employment in the United States;
(B) create and implement a policy-focused research agenda on the economic impacts of immigration at the national, regional, state, industry and occupation levels;
(C) collect and analyze information about employment-based immigration and the labor market and share the data and analysis with lawmakers, researchers and the American public;
(D) recommend to the Congress and the President on a regular basis an evidence-based methodology for determining the level of employment-based immigration; and
(E) recommend to Congress and the President the numeric levels and characteristics of workers to be admitted in various employment based visa categories.

So, the "Commission" not only sets up policy guidelines, and collects and analyzes data, it determines the exact number to be issued and make-up of the various employment-based visa categories. But I guess that doesn't constitute, "addressing future labor demands, or controlling immigration flow" in the minds of those who can't see beyond the bottom lines of their patrons balance sheets.... And the need for disposable cheap workers to maintain them.

The Commission shall be composed of 7 voting members

* who shall be appointed by the President, with the advice and consent of  the Senate
* who shall serve for 5-year staggered terms;
* one of whom the President shall appoint as Chair of the commission to serve a 6-year term, which can be extended for 1 additional 3-year term;
* who shall have expertise in economics, demography, sociology, labor, business, civil rights, immigration or other pertinent qualifications or experience; and
* not more than 4 of whom may be members of the same political party;

I guess they believe that an independent, bi-partisan panel of experts, with actual knowledge of things like economics and demography couldn't possibly do a better job than a bunch of politicians and lobbyists at figuring out what the best level of future employment-based immigration should be.  And they would like to see the great success we've had with health care reform efforts led by bought-and-paid-for politicians and their lobbyist puppet masters replicated in immigration reform as well.

While this new extension of the executive branch is far from a perfect solution to the problem of how best to address and regulate future immigration flow, and can still have its recommendations voted down by a hostile congress, it's far superior to the ridiculous notion that exploiting guest workers is somehow a method of immigration regulation or that guest worker programs are somehow responsive to both the economic and social needs of both the American people and those who to wish to come here and make a better life....so let the whining begin. ...we couldn't stop them if we tried anyway.

And I'm sure it won't be long before the champion of human-rights and justice, Chuck Schummer, comes up with some kind of Frankenstein monster of a compromise bill with his republican buddies that will re-introduce the much beloved guest worker paradigm into the equation.

But until then, at least Gutierrez has given us a reasonable and workable alternative. ...and a glimpse at some of the creative thinking that will be necessary to finally address immigration reform in a meaningful way.

Comprehensive Immigration Reform: Gutierrez Challenges the Harmful Status Quo

by: kesquivel@nclr.org

Tue Dec 15, 2009 at 20:59:30 PM EST

Unified Labor Movement Supporting "Rights-Based" Immigration Reform

by: nezua

Tue Apr 14, 2009 at 16:40:14 PM EDT

LOOKS LIKE THERE'S SOME ORGANIZING going on behind the scenes. This is pretty big. And overall, it's very exciting news.

The nation's two major labor federations have agreed for the first time to join forces to support an overhaul of the immigration system, leaders of both organizations said on Monday. The accord could give President Obama significant support among unions as he revisits the stormy issue in the midst of the recession. ...

The accord endorses legalizing the status of illegal immigrants already in the United States and opposes any large new program for employers to bring in temporary immigrant workers, officials of both federations said.

-Immigration Accord by Labor Boosts Obama Effort

I've already offered my feelings on that angle (illustrated below).  But follow me behind the cut for a liveblog of most of the call.

Victory: Immigrant Kids Included in SCHIP

by: jackie @ americasvoice

Fri Jan 30, 2009 at 02:15:37 AM EST

BREAKING: SCHIP just passed out of the U.S. Senate. Thanks to all of your faxes and phone calls, the kids health bill now moves on to be signed into law with the provisions for lawfully-present immigrant children firmly intact. All four hard-line immigration amendments were voted down by a voice vote this week.

Conservative Pundit Kondracke Predicts Comprehensive Immigration Reform May Pass in 2009!

by: dee321

Mon Jan 12, 2009 at 22:00:11 PM EST

Kondracke said the ANTI Immigration Reformers will continue to push their so called "ANTI Amnesty" (Mass Deportation) platform, but to no avail.

Support a DREAM at Change.org

by: Duke Reed

Tue Jan 06, 2009 at 14:45:38 PM EST

But for approximately 65,000 of them, these opportunities will never be available. Not because they lack motivation, or achievement, but because of the undocumented status passed on to them by their parents.

Lacking legal status and social security numbers, these students, raised and schooled in the US, cannot apply to college, get jobs other than those at the bottom of the economic ladder, or otherwise follow their dreams.

They grew up on American soil, worked hard and succeeded in spite of all odds, and want nothing more than to be recognized as individuals and not just the holders of a status they had no part in acquiring.

In Washington, politicians have debated the fate of these kids for more than seven years, holding lives and futures in their hands while vying for political advantage.

For these kids, and thousands more who have already managed through sheer force of will to complete their higher education, but now face a life of uncertainty and alienation, the DREAM Act is the only answer

"These are lives we're talking about … Human beings"

by: Duke Reed

Fri Jun 20, 2008 at 00:23:49 AM EDT

In the wake of numerous press reports detailing the deaths of 83 people in ICE custody since its inception five years ago, countless cases of sick or mentally ill detainees denied even the most basic care they require, the illegal detention of legal residents and citizens, expedited criminal hearings of those apprehended in raids without providing basic legal representation or judicial review, and the illegal drugging of both detainees and  deportees, there have been growing calls for the reform of the immigration detention system.  

Last week Sen. Robert Menendez(D-FL) took to the Senate floor to deliver a scathing indictment of ICE, the DHS, and the entire immigration detention system, promising to introduce legislation to protect legal residents and citizens from unlawful detention. This comes on the heels of legislation to guarantee basic heath care for all detainees introduced early this month in both the House and Senate.

House Bill,   H.R. 5950, the Detainee Basic Medical Care Act of 2008, introduced by  California Democrat Rep. Zoe Lofgren, and its Senate counter-part, S. 3005, introduced by Menendez, are both simple, straight-forward, one page bills, that guarantee that those held on immigration charges receive the most basic medical care everyone held in government custody deserves as a matter of human rights.

But that hasn't stopped anti-immigrant zealots from complaining that detainees should not receive the basic medical care that all civilized nations provide prisoners no mater what the charge.

Senate Committee Adopts Emergency Agriculture Relief Act

by: luckywhitegirl

Tue May 20, 2008 at 10:17:13 AM EDT

Last Thursday (May 15) Senator Feinstein stepped up to propose one.  She offered the Emergency Agriculture Relief Act as an amendment to a supplemental appropriations bill during an Appropriations Committee markup.  The amendment provides reforms to the visa programs for farm labor and it would regularize the status of farmworkers by providing a temporary resident status to qualified, law-abiding undocumented farmworkers as long as they continued to work in agriculture for the next few years.  It was adopted by a vote of 17-12.

The Emergency Relief Act has the right-wing "nativist" xenophobes in an uproar.  Allowing immigrants to legally pick our fruits and vegetables for us?!?  The horror!  The conservative blogosphere is abuzz with the usual hysterical cries of "amnesty" and Senator Jeff Sessions of Alabama had his staff working overtime to try to defeat the amendment.  Fortunately more level-headed views have prevailed: farmworkers are people who have come here to work hard and if the rest of us want to eat this summer, we'd better let them.

After the anti-immigrant hysteria dies down, even Republicans recognize this fact.  The amendment has bipartisan support and seven Republicans on the Committee voted in favor of it.  Its passage by the Appropriations Committee demonstrates that lawmakers recognize the need for a responsible solution to the agricultural immigration crisis.

We need a stable workforce on our nation's farms that is treated with the dignity all workers deserve.  The reality is this country relies on immigrant labor. The xenophobes' cries to deport all undocumented workers would leave crops rotting in the fields, decrease our nation's food security and wreck havoc on our economy. The Emergency Agriculture Relief Act is an emergency temporary fix made necessary by our inability to fix our broken immigration system.  It's a responsible way for lawmakers to respond to the crisis in agriculture.  The Emergency Relief Act will reach the Senate floor this week and we should support it.

Video Pick: Juan's Story

by: The Editors

Tue Apr 01, 2008 at 15:43:34 PM EDT

Video Pick: "A Dream Deferred"

by: Duke Reed

Sat Mar 29, 2008 at 20:00:00 PM EDT

But for approximately 65,000 of them, these opportunities will never be available. Not because they lack motivation, or achievement, but because of the undocumented status passed on to them by their parents.

Lacking legal status and social security numbers, these students, raised and schooled in the US, cannot apply to college, get jobs other than those at the bottom of the economic ladder, or otherwise follow their dreams.

They grew up on American soil, worked hard and succeeded in spite of all odds, and want nothing more than to be recognized as individuals and not just the holders of a status they had no part in acquiring.

In Washington, politicians have debated the fate of these kids for more than seven years, holding lives and futures in their hands while vying for political advantage.

For these kids, and thousands more who have already managed through sheer force of will to complete their higher education but now face a life of uncertainty and alienation, the DREAM Act is the only answer.

SAVE Act Update

by: Duke Reed

Sat Mar 15, 2008 at 14:00:00 PM EDT

Check out his report HERE

As of yesterday the Republicans had managed to get 181 of the 218 signatures needed to force the SAVE Act to the floor.

Yet, it appears that the Democratic Caucus is holding and only 9 defectors have crossed over to sign the Republican "discharge petition"

(Ga.) - Rep. Barrow
(Ind.) - Rep. Ellsworth
(Ind.) - Rep. Donnelly
(Kan.) - Rep. Boyda
(Miss.) - Rep. Taylor
(N.C.) - Rep. McIntyre
(N.C.) - Rep. Shuler
(Pa.) - Rep. Carney
(Texas) - Rep. Lampson

http://clerk.house.gov/110/lrc...

and 26 Republicans have not yet buckled to partisan pressure.  

(WV) - Capito, Shelley Moore
(FL) - Diaz-Balart, Lincoln
(FL) - Diaz-Balart, Mario
(MI) - Ehlers, Vernon J.
(NY) - Fossella, Vito
(WA) - Hastings, Doc
(OH) - Hobson, David L.
(IL) - Johnson, Timothy V.
(NY) - Kuhl, John R. ``Randy'' Jr.
(NJ) - LoBiondo, Frank A.
(NY) - McHugh, John M.
(WA) - McMorris Rodgers, Cathy
(CA) - Nunes, Devin
(TX) - Paul, Ron
(MS) - Pickering, Charles W. ``Chip''
(OH) - Pryce, Deborah
(CA) - Radanovich, George
(MT) - Rehberg, Dennis R.
(NY) - Reynolds, Thomas M.
(AL) - Rogers, Mike
(FL) - Ros-Lehtinen, Ileana
(ID) - Sali, Bill
(IN) - Souder, Mark E.
(OH) - Tiberi, Patrick J.
(MI) - Upton, Fred
(NY) - Walsh, James T.
(AK) - Young, Don

But ... Given that 49 Democrats originally signed on as sponsors for the bill, and 26 Republicans are still up for grabs, anti-immigrant forces are still within striking distance of getting this bill to the floor.

Groups like FAIR/NumbersUSA and their minions in the right-wing noise machine have ratcheted up the rhetoric and are engaging in a full-blown effort to move this bill forward.

Like in the last round of CIR legislation, they have engaged in a massive e-mail campaign to get out their followers. Once again they are offering free fax services and on-line tools to flood congressional offices with emails, letters, phone calls and faxes in support of the bill.

WE have neither the money nor resources to combat this on equal footing ...but we can do our best.

Contact your Representative today and tell them not to support the SAVE Act....and  while you're at it...drop one of those 26 Republicans a line and let them know that you hope they continue to buck the machine and support them for doing so

House Republicans Move Forward on Shuler-Tancredo Bill

by: Duke Reed

Tue Mar 11, 2008 at 23:15:00 PM EDT

A "discharge petition" is a special procedural motion that would allow the sponsors of the Shuler-Tancredo bill to take it straight to the floor of the House without having to go through the full committee process and then force a vote. 218 House members must sign the petition to allow it to go to the floor ...the bill currently has 139 sponsors, including a group of 48 vulnerable freshman and conservative blue-dog Democrats.

Better Have Your Papers In Order: New Immigration Legislation Targets Millions of US Workers

by: Duke Reed

Wed Mar 05, 2008 at 03:09:48 AM EST

With McCain as the presumptive nominee, one would think that down-ticket Republicans wouldn't want to re-hash the "immigration wars" and put their candidate in a position where he would have to once again revisit the issue.

But then again, that would assume that politics is based upon logic and McCain isn't more that willing to even further pander to anti-immigrant sentiment despite his previous record.

Facing the specter of having to run on their accomplishments over the last eight years, nervous Republicans are scrambling for an issue to distract the electorate from their records. With that in mind, The  House Immigration Reform Caucus, now under the of  leadership Brian Bilbray, an ex- lobbyist for the hate group FAIR, has gone back to beat a dead horse in an attempt to get an election year distraction on the Congressional agenda.  

Back in November, Bilbray, with the help of freshman, red-state Democrat, Heath Shuler, introduced the newest incarnation of the House's failed enforcement-only style legislation; The Secure America through Verification and Enforcement ("SAVE Act") of 2007 (H.R. 4088).  

Normally, a bill that would put the jobs of over 12.7 million US citizens in direct jeopardy, force a possible 2.5 million a year to be classified as unauthorized to work, criminalize the work of churches and humanitarian groups - mandating penalties up to 5 years imprisonment, and force all local law enforcement to become immigration agents.. all in the name of attrition and deportation.. would be rejected out of hand by Congressional Democrats.

But, thanks to the work of Rahm Emanuel and other quisling Dems, it's moving closer to enactment.