Daily news updates from CIS

September 3, 2009

Support CISNEWS by donating on line here: http://cis.org/donate

Daily morning news updates are available online at: http://www.cis.org/blog/5

[For CISNEWS subscribers --

1. Labor Dept. seeks to restrict foreign seasonal labor
2. E-Verify to expire September 30, Congress yet to act
3. Border Patrol defends enforcement tactics (story, link)
4. Feds begin construction of Michigan towers
5. Fed contractors must meet September 8 verification deadline
6. Report: Immigrants' sons at higher risk of obesity
7. NJ Atty. Gen. warns against profiling
8. NJ city mayor dismisses state Atty. Gen.'s concerns (story, link)
9. AZ county crime, illegal immigration down
10. WA county implementing contractor verification
11. AZ county sheriff accuses mayor of forcing probe
12. AL amnesty activist triggers rift with city mayor (2 stories, link)
13. Miami leaders crafting immigration position
14. Dallas schools continue immigration-fueled growth
15. Houston voters in favor of enforcement
16. VA ACLU challenges loitering ordinance
17. SPLC criticizes NY county (story, 2 links)
18. Charity ride to support family of slain agent
19. Agricultural industry presses for 'reform'
20. Controversial apparel company to dismiss 1,500 (story, 3 links)
21. GA city chamber recognizes immigrant entrepreneur
22. Disgruntled workers tip AZ county to illegal hires
23. Salvadoran who stole laptop with vets' data gets four years
24. TX hockey team stumbles upon stash house
25. Border Patrol concentrates on AZ highway (link)
26. Two woman charged with smuggling in TX (link)

-- Mark Krikorian]

1.
US seeks tighter rules on foreign farm workers
By Sam Hananel
The Associated Press, September 3, 2009
http://www3.signonsandiego.com/stories/2009/sep/03/us-guest-workers-090309/?nation&zIndex=159831

Washington, DC (AP) -- The Labor Department is trying again to roll back Bush administration regulations that made it easier for farmers to hire temporary foreign farm workers.

The agency on Thursday said it is proposing new rules that would boost wages and increase safeguards for thousands of seasonal workers brought in each year to help farmers pick their crops. It would also require that growers make greater efforts to fill those jobs with American workers.

If the rules are adopted, they would largely reverse regulations finalized shortly before President George W. Bush left office and return to a framework that had been in effect since 1987.

Labor and immigrant rights groups have criticized the Bush regulations, claiming they would slash farm wages and make it harder for domestic workers to claim those jobs.

The Labor Department briefly suspended the Bush rules earlier this year, but officials were forced to reinstate them after farm groups successfully challenged the decision in federal court.

'Every worker deserves to be treated and paid fairly,' Labor Secretary Hilda Solis said. 'That is especially true of agricultural workers, who often perform backbreaking work for very low wages.'

Solis said the new rules would let the Labor Department take a more active role in protecting farm workers from mistreatment and keeping domestic workers from being unfairly displaced.

Farm growers say the changes to the H-2A guest worker program will make it more cumbersome and expensive for them to hire foreign workers for tough field jobs that most Americans don't want.

'The Bush rules did go a long way to streamline the process and make it more feasible,' said Jason Resnick, assistant general counsel for the Western Growers Association in Irvine, Calif. 'If that rule is rolled back, it would be a huge setback for production agriculture.'

Resnick said growers are likely to take legal action against the new rules if they are approved after a 30-day comment period.

The new rules would return to the old standard for determining temporary farm wages, resulting in an increase for workers of about $1.44 an hour. Farmers would also have to submit documentation certifying that they tried to fill the jobs with American workers. Under the Bush rules, those documents had to be presented only if there was a government audit.

The proposed rules would require state work force agencies to inspect temporary worker housing before an employer is approved to bring in foreign workers – something the Bush rule didn't mandate until after workers moved in.

Labor officials say the new rules do retain some of the efforts of the Bush administration to streamline paperwork and make the program more efficient. But they also go further than the 1987 regulations in boosting worker protections.

For the first time, the rules would require posting of farm jobs through an electronic job registry to make sure domestic workers get the first shot. And if prevailing wages go up in the middle of a temporary worker's contract, the grower would have to increase the worker's wages.

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2.
Experts disagree on effect of E-Verify's expiration
Rule may expire after three weeks of enforcement
By Alice Lipowicz
Federal computer Week, September 3, 2009
http://fcw.com/Articles/2009/09/03/Experts-disagree-on-impact-of-EVerify-September-30-expiration.aspx?p=1

A potential legal obstacle may lie ahead for the E-Verify rule shortly after its implementation for federal contractors on Sept. 8.

The rule that requires federal contractors to participate in the Homeland Security Department’s E-Verify employment verification system is expected to go into effect as scheduled on Sept. 8. A federal judge dismissed a lawsuit on Aug. 26 that challenged the legality of the rule.

However, the authorization for E-Verify by Congress is scheduled to expire Sept. 30 under a so-called sunset provision.

Meanwhile. experts disagree on the effect of that expiration and predict Congress likely will reauthorize the program before Sept. 30.

Nonetheless, there is a small chance that federal contractors will be facing only three weeks’ worth of compliance before E-Verify expires, said Randy Johnson, senior vice president for labor, immigration and employee benefits for the U.S. Chamber of Commerce.

“Unless Congress does something, this [E-Verify] will go away on Sept. 30,” Johnson said. “It would be a dead letter without underlying statutory authority.” However, he cautioned that Congress appears strongly in favor of reauthorizing the program. The chances of Congress letting E-Verify expire “are about 100 to 1,” Johnson said.

The House included funding and a two-year authorization for E-Verify in its version of the fiscal 2010 DHS spending bill. Separately, the Senate passed an amendment that would permanently reauthorize the program and require it for federal contractors and subcontractors. The E-Verify provisions would have to be reconciled and approved by both chambers, to become law.

However, another expert contends that DHS does not need Congress’ approval to continue enforcing E-Verify beyond the expiration date.

“DHS has broad ‘organic’ authority to implement the laws it is charged to execute,” said Alan Chvotkin, executive vice president for the Professional Services Council, a trade group for service contractors. “Congress authorized a pilot program for E-Verify, but DHS did not need statutory authority to implement the pilot or to continue with the E-Verify system – as long as Congress does not specifically deny them appropriations to do so.”

E-Verify has existed for more than a decade as a voluntarily pilot project, and former President George W. Bush made it mandatory for federal contractors.

It is a Web-based system run by DHS in partnership with the Social Security Administration. Employers use E-Verify by entering the Social Security numbers of prospective new hires and current employees. If there is a match, the employee is eligible for work. If not, the employee is advised to contact SSA to determine the source of the problem. The program has been controversial due to errors in the databases involved.

In 2008, the U.S. Chamber and other plaintiffs sued to stop E-Verify from being implemented for federal contractors. A district judge on Aug. 26 ruled against those organizations. On Sept. 1, the plaintiffs filed an emergency motion for an injunction, pending an appeal.

The U.S. Chamber has asked Congress to soften the effect of mandated E-Verify on federal contractors, Johnson said. This could be done with amendments to limit the requirement to new hires only, including liability protections for contractors and approving “reasonable” exemptions for certain types of contractors and contracts, according to an Aug. 12 letter from the chamber to congressional leaders.

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3.
Patrol: Permanent I-19 checkpoint is necessary though not desirable
By Brian J. Pedersen
The Arizona Daily Star (Tucson), September 3, 2009
http://www.azstarnet.com/allheadlines/307480

Green Valley, AZ -- A permanent Border Patrol checkpoint along Interstate 19 is not something the agency desires but is required to help control illegal immigration and drug smuggling, the Tucson Sector's top official said Wednesday.

'A checkpoint is not something we want, but we've identified it as something we need,' sector chief Robert Gilbert said. 'In a perfect environment, we would secure the border at the border.'

Gilbert made his statements during a meeting at the West Social Center put together to allow the public to ask questions of the Border Patrol and the authors of a just-released Government Accountability Office study on border checkpoint effectiveness in the Southwest.

About 200 people attended the event, moderated by Rep. Gabrielle Giffords, one of eight members of Congress to request the report in December 2007.

Richard Stana, the GAO's director of homeland security and justice issues, told the overwhelmingly anti-permanent-checkpoint crowd that his staff was unable to find any data that directly linked such checkpoints in other parts of the Southwest to trends in real estate values, violent-crime rates, tourism or usage of state parks, all concerns cited by residents up and down the I-19 corridor.

Stana also said the size of the projected $25 million permanent checkpoint — proposed for near kilometer post 41, just south of Amado — is based as much on recommendations by the Arizona Department of Transportation founded on traffic projections as it is on the Border Patrol's needs for space.

'I'm not trying to sell this, I'm trying to explain it,' Stana said of the proposed facility, which would include eight inspection lanes and cover 18 acres.

After the meeting, Giffords told reporters she is in favor of a checkpoint along I-19, but would not say if that meant a permanent one.

'What I support right now is beefing up the interim checkpoint, something which should have been done two years ago,' Giffords said. 'It would be great if we didn't have this problem, but we do.'

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200 people attend checkpoint meeting with GAO
The KVOA News (Tucson, AZ), September 2, 2009
http://www.kvoa.com/Global/story.asp?S=11037627&nav=HMO6
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4.
Border Patrol begins construction of riverfront camera tower
The Times Herald (Port Huron, MI), September 3, 2009
http://www.thetimesherald.com/article/20090903/NEWS05/90903004/Border+Patrol+begins+construction+of+riverfront+camera+tower

U.S. Border Patrol began construction Wednesday on the deployment of eleven Remote Video Surveillance Sites in the Detroit Sector as part of Customs and Border Protections initiative to enhance the use of technology in securing the Northern Border against illegal cross-border activity.

The Northern Border Project will provide RVSS surveillance capabilities in the Detroit Sector using technology similar to what is already in use along the Southwest Border.

'The Northern Border Project technology deployment will improve our situational awareness, decrease response time and allow our agents to more effectively identify and resolve illegal cross border incursions,' said Detroit Sector Border Patrol Chief Patrol Agent Randy Gallegos.

Each RVSS tower is comprised of a total of four cameras – two day and two night cameras. The Northern Border Project will deploy technology along the St. Clair River, from Lake Huron to Lake St. Clair covering approximately 37 miles of a mix of rural, residential, commercial and riverine environments.

The Northern Border Project in the Detroit Sector will include 11 RVSS sites – nine camera towers and two cameras on existing structures. The Detroit Sector project began with installing a camera system on top of the Port Huron city building followed by Wednesday’s groundbreaking of a RVSS tower next to the old Marysville Border Patrol station on River Road in Marysville.

The deployment of technology along the Northern Border is part of a larger border security strategy that assists CBP frontline officers and agents. SBInet is the component of SBI charged with developing and installing technology solutions to help gain effective control of our Nation’s borders. The right mix of technology and personnel is considered for each part of the border based on the operational needs of Border Patrol Agents. The deployment of RVSS cameras along the St. Clair River is scheduled to conclude by early 2010.

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5.
E-Verify required for federal contractors
The Nashville Business Journal (TN), September 3, 2009
http://www.bizjournals.com/nashville/stories/2009/08/31/daily27.html

Federal contractors and subcontractors will be required to use E-Verify starting Sept. 8 to confirm the eligibility of employees to work in the United States, labor attorneys at Miller & Martin say.

Implementation of the new rule has been delayed several times. If the new date stands, most contractors who perform contract services for the federal government are mandated to verify new hires and current employees by logging onto the federal database at www.everify.com, which is free to use.

Previously, use of the service was voluntary, say the attorneys in the firm’s labor and employment practice group.

Several exemptions apply: They include 'COTS' contractors, or companies that provide 'commercially available off-the-shelf items,' and companies whose contract does not exceed $100,000 for contractors and $3,000 for subcontractors.

The E-Verify is an automated system that allows employers to enter I-9 information to check it against government database records to electronically verify the employment eligibility of new hires and verify social security numbers.

Federal contractors and subcontractors have 30 calendar days from federal contract award date to enroll in the program and to begin verifying both current employees and new hires.

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6.
Immigrants' Sons More Likely to Be Obese, Report Finds
By Tara Bahrampour
The Washington Post, September 3, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/09/03/AR2009090301785.html?hpid=moreheadlines

The sons of immigrants to the United States suffer from alarmingly high levels of childhood obesity, according to a new report funded by the Foundation for Child Development.

Thirty-four percent of kindergarten-age immigrant boys are obese or overweight, compared with 25 percent of the sons of native-born Americans, according to an analysis of data collected by the U.S. Education Department. By eighth grade, that number rises to 49 percent, compared with 33 percent among natives. No similar discrepancy was found among girls.

Adult immigrants do not tend to become overweight until they have been in the United States for a while and become more acculturated, whereas 'children from the newest, least acculturated immigrant families tend to be the most at risk of obesity,' said the report, released this week, which relied on a federal study that tracked 21,000 children from kindergarten to eighth grade, a quarter of whom were children of immigrants.

The higher levels of obesity among children of immigrants cut across socioeconomic levels and was most pronounced among those whose parents do not speak English, the study found.

It was also most prevalent among newly arrived Hispanics and non-Hispanic whites. Black children of immigrants do not face a higher rate of obesity than their native counterparts, and the problem does not show up among Asian children of new arrivals, although it does appear among children of Asians who have been in the U.S. for 15 or 20 years, said Jennifer Van Hook of Pennsylvania State University, the report's lead author.

Although the report did not study the reasons behind the discrepancy, it cited likely factors such as the prevalence of high-calorie, low-nutrient foods and beverages in schools, in advertising directed at children, and the fact that new immigrants are often unaware of the risks of too much junk food or of opportunities for exercise.

Van Hook said the obesity rates might be influenced by the tendency of immigrant children to take the lead in deciding what to snack on, as well as children's tendency to acculturate faster than adults and to try harder to fit in with American peers.

'I think part of making it in America is to participate in American consumerism, and part of that is eating,' she said.

The stigma of obesity may also be less among new arrivals. 'A lot of immigrant families come from a place where obesity's not a problem for kids and under-eating is a problem,' Van Hook said, adding that in another study she and her colleagues had found obesity to be more pronounced among immigrants from less economically developed countries.

As to why the problem is more prevalent among boys, she said it may be because immigrant boys often have more freedom outside the home, whereas girls tend to be more protected and might also watch their figure more.

EDITOR’S NOTE: The Foundation for Child Development can be found online at: http://www.fcd-us.org/

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7.
NJ Law Enforcement Warned to Follow Rules on Immigration
By Marianne McCune
The WNYC News (NYC), September 2, 2009
http://www.wnyc.org/news/articles/139956

New York -- In New Jersey, State Attorney General Ann Milgram is warning local law enforcement agencies that they must follow the rules when questioning people about their immigration status. WNYC's Marianne McCune reports.

Reporter: Milgram says police must follow state laws that protect against racial-profiling, and that means they should only ask whether an immigrant is here legally if they've already arrested him on suspicion of a serious crime.

Two New Jersey police departments and a county jail have been accepted into a federal program that allows them to help immigration agents find and deport immigrants who've committed crimes. Immigrants and their advocates have been vocally protesting the move, saying police will use the new power to single out Latinos for arrest, whether or not they are suspects.

They say the program increases fear of the police. The Department of Homeland Security says the Obama administration has refocused the program on immigrants who've committed violent crimes or are gang members. Homeland Security has not made clear how it will oversee the local law enforcement agencies.

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8.
Cresitello: State AG can't tell us how to run immigration program
NJ attorney general reminds Morristown, others about rules for 287(g) enforcement
By Minhaj Hassan
The Daily Record (NJ), September 3, 2009
http://www.dailyrecord.com/article/20090903/COMMUNITIES/90902061/1005/NEWS01

Morristown, NJ -- Mayor Donald Cresitello says he knows well that the 287(g) immigration enforcement program is not intended for random crackdowns on immigrants, and emphasized Wednesday that New Jersey Attorney General Anne Milgram is not in a position to tell Morristown or anyone else how to run the program.

Milgram sent letters to law enforcement agencies, including Morristown, that have signed on to the revamped federal 287(g) program, stating that police officers are expected to follow New Jersey's 'prohibition on racially-influenced policing.'

The Morristown Police Department, the Monmouth County Sheriff's Office, and the Hudson County jail are among 79 agencies nationwide in that program that will allow officers to act on behalf of Immigration and Customs Enforcement.

In New Jersey, only Morristown plans to deputize officers to do immigration checks in the field. They would be the first patrol officers in the state with the authority to run checks on immigration status and start deportation proceedings.

Hudson County does immigration checks only on jail inmates, and Monmouth plans to do the same when it gets its program up and running.

The controversial U.S. Department of Homeland Security program, which deputizes local police officers to enforce federal immigration laws, was criticized by the Government Accountability Office in March. Problems cited by the agency were mostly caused by local agencies that used 287(g) to arrest individuals for relatively minor offenses as opposed to using it to target serious criminal activity.

'Some participating agencies are using their 287(g) authority to process for removal aliens who have committed minor offenses, such as speeding ... and urinating in public,' the GAO report stated. 'None of these crimes fall into the category of serious criminal activity that ICE officials described to us as the type of crime the 287(g) program is expected to pursue.'

The program was retooled over the last few months and, on July 10, Homeland Security approved Morristown's application to join the 287(g) program. Morristown was one of 11 jurisdictions that was approved that day.

In her letter to Morristown Police Chief Peter Demnitz, Milgram wrote that members of the community or victims of crimes must not be afraid to report crimes to local police over fear of deportation.

'Community fear that a police officer will convert every citizen encounter into an immigration inquiry destroys that relationship,' she wrote in her Aug. 28 letter.

She also cited a directive she issued in 2007, following the fatal shooting of teens in a Newark schoolyard by an illegal immigrant from Latin America. The directive states that police officers could ask only about a person's immigration status after they were arrested for an indictable crime or for driving while intoxicated.

She added that such an inquiry must happen during the booking process and not as part of an 'on-the-street encounter.'

Milgram also wrote that arrests that are 'designed to trigger an immigration inquiry' under the guise of 287(g) are strongly prohibited. Officers engaging in such conduct could face criminal prosecution or other sanctions.

Demnitz referred all inquiries about the 287(g) program to Cresitello's office.

On Wednesday, Cresitello said Milgram lacks the power to direct how local law enforcement runs the federal program. The reason, he said, is because 287(g) falls under the auspices of the federal government, not the state.

'She's overstepped her statutory authority,' Cresitello said. 'When an officer is deputized, he or she falls under the jurisdiction of the federal government, not the (New Jersey) attorney general. She is playing politics with the issue.'

However, David Wald, a spokesman for the New Jersey Attorney General's Office, said simply that 'the attorney general (Milgram) is the chief law enforcement officer in New Jersey.'

Wald said 'they (deputized police officers) cannot operate as an agent of ICE until after an individual has been arrested for an indictable offense or driving under the influence.'

Milgram also directed all officers trained in 287(g) to submit monthly reports containing information on the individuals whose immigration status was checked, as well as the crimes committed and where they occurred, among other details.

When will it go into effect?

Cresitello said he ran into 'a small hurdle' that forced him to postpone signing the 287(g) agreement until the end of next week. The mayor said last week he had hoped to sign it this week.

He said he didn't how much the cost of training the officers for the program would be, or how many would participate. Much of that will depend on where the training takes place, he said.

Cresitello again stated on Wednesday he won't need to seek the town council's approval for implementing, or funding for the training of town police officers in the 287(g) program.

+++

Morristown mayor tells AG: Back off
By Tanya Drobness
The Star Ledger (Newark, NJ), September 3, 2009
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/125194171141270.xml&coll=1

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9.
Crime rate drops 6 percent over four years
By Elizabeth Jackman
The Glendale Star (AZ), September 3, 2009
http://www.glendalestar.com/articles/2009/09/02/news/news01.txt

The crime rate in Glendale has dropped by 6.3 percent between 2004 and 2008, a report released Aug. 12 by Maricopa County Andrew Thomas indicated.

According to the data released by Thomas, East Valley cities had a much larger crime rate drop during the four year time span than the two West Valley cities listed. Peoria's drop was 15.2 percent.

Other cities in the report were Gilbert with a 32.6 percent drop, Mesa 25.6 percent, Tempe 25.3 percent, Chandler 20.1 percent, Scottsdale 18 percent, and Phoenix 15.7 percent.

'Despite a rising population and other factors that generally drive up the crime rate, Maricopa County has experienced a dramatic decrease in both crime and illegal immigration,' Thomas said. 'These clear trends are occurring county-wide, and reveal the impact of both effective collaboration among law enforcement agencies and tough and visionary prosecution policies in the county attorney's office.'

The crime rate per 100,000 people in Maricopa County decreased 8 percent from 2007 to 2008 and 18 percent from 2004 to 2008.

During this same period, the violent crime rate in Maricopa County dropped 8 percent and property crime rate fell 21 percent. This decline occurred even though the county's population actually grew by just under 11 percent during the same period.

Thomas attributed these trends to three major factors.

First, police agencies are using current technology and tactics to effectively address specific crime problems in their areas. There has also been enhanced coordination with the County Attorney's Office. One example is the identity theft protocol signed by Valley police agencies in 2005, an agreement to investigate identity theft cases that Thomas's office brokered.

Second, because of tougher policies in the County Attorney's Office, prosecutors are sending significantly more serious and repeat felons to prison. From 2004 to 2008, the number of criminals in Maricopa County sent to the Department of Corrections increased 29.3 percent.

Third, the joint crackdowns on illegal immigration with the Sheriff's Office have led to an unprecedented collapse in the illegal immigration population.

The Center for Immigration Studies recently released a report showing that since 2007, Arizona has seen a 30 percent drop in its illegal immigrant population. This finding is consistent with substantial anecdotal evidence of declining illegal-immigrant populations during that same time, many of which were reported by the local media (such as declining school enrollment numbers, the shuttering of businesses that largely catered to illegal immigrants, etc.).

Nationally the amount of decrease in the illegal-immigrant population was 14 percent according to the CIS report.

Thomas said the numbers speak for themselves: 'Tough policies against crime and illegal immigration do work. The lesson is obvious: more time, less crime.'

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10.
Clark County requires E-Verify system for contractors
By Dan Tilkin
The KATU News (Portland, OR), September 3, 2009
http://www.katu.com/news/local/56784932.html

Clark County, WA -- Clark County has become the first county in Washington to demand their contractors prove their employees are legal through the E-Verify system or be banned from getting county projects.

Under the county resolution, contractors on projects over $1 million would have to verify all employees were here legally.

Private employers must use the federal E-Verify Web site and enter a worker’s name, birthday and Social Security number or their Alien Identification number. That data is cross-referenced with the Social Security Administration and Immigration Services.

If the employee is using a fake Social Security number or if they are not in the United States legally, the system issues a red flag in 24 hours.

'Some of the contractors I know in Portland are already doing it,' said Jerry Nutter of the Nutter Corporation. 'They say it’s a simple process and it’s a good process, because it makes sure everyone is legal.'

Clark County’s League of United Latin American Citizens said national immigration reform is what is needed instead.

'If people thinking using E-Verify is going to fix the problem, it’s not,' said Maria Rodriguez-Salazar, from the League of United Latin American Citizens. 'It’s just going to force people to go underground.'

They said the ordinance could be racist and their group is discussing an economic boycott.

'If we’re not good enough to be viewed as legit clients then our money isn’t good enough to be spent here, so maybe we need to cross over the bridge and spend our money there and prove a point,' said Rodriguez-Salazar.

Next week, E-Verify will be used on the federal level when contractors on federal jobs will be required to use E-Verify. Marion County in Oregon already uses E-Verify for hiring county employees.

Clark County Commissioner Marc Boldt said the Clark County E-Verify ordinance should take effect in about two weeks.

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11.
Arpaio: Phoenix mayor major force behind federal investigation
By Mike Sunnucks
The Phoenix Business Journal, September 2, 2009
http://www.bizjournals.com/phoenix/stories/2009/08/31/daily56.html

Maricopa County Sheriff Joe Arpaio says Phoenix Mayor Phil Gordon is one of the key forces pressuring the federal government to investigate handling of immigration raids and crime sweeps.

Arpaio says Gordon, during his numerous trips to Washington this year, has lobbied the Obama administration and federal agencies to investigate the sheriff’s office.

Gordon has called for the FBI to look into such activity. The mayor’s office says the civil rights inquiries began during the last days of the Bush administration.

'Actually, the investigations began with the Bush Administration and are continuing, as I understand it, both civilly and criminally,' said Gordon spokesman Scott Phelps. 'While the mayor has certainly expressed the concerns that so many feel, the sheriff’s actions and patterns, particularly when it comes to civil rights, scream to be investigated on their own.'

The U.S. Department of Justice began an investigation in late 2008 into whether the sheriff’s actions unfairly target Hispanics. The USDOJ has had as many as nine investigators on the case. Some Arpaio critics say federal authorities should expand that query to 'abuse of power.'

Arpaio denies wrongdoing and says he’ll continue to enforce immigration laws.

That includes raids on business and arresting undocumented workers and the human smugglers who bring them from Mexico.

'If he thinks I’m going to stop, it’s not going to happen,' Arpaio said.

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12.
Albertville mayor say she'll ignore advocate
By David Brewer
The Huntsville Times (AL), September 3, 2009
http://www.al.com/news/huntsvilletimes/local.ssf?/base/news/125196940251920.xml&coll=1

Albertville -- Albertville Mayor Lindsey Lyons said he will no longer talk to Hispanic advocate Aylene Sepulveda after she prompted hundreds of Hispanic residents to abruptly leave a town hall meeting Monday while he was trying to speak.

'As far as I'm concerned, she burned her bridges,' he said Wednesday. Her action at the meeting 'showed me straight up that she's divisive' and disrespectful.

But Sepulveda said it was the mayor who was rude for not allowing Hispanic residents, who had taken time away from their jobs and families to attend the meeting, to talk at the meeting.

The meeting was held at the Recreation Center for the purpose of letting the mayor and City Council members answer prepared questions from the public about various issues including the city's efforts to get its police officers trained in immigration enforcement. All written questions were to be submitted to city officials before the meeting.

When Sepulveda's request for officials to take questions or comments at the meeting was denied, Sepulveda walked out, followed by most of the Hispanic residents present. More than half of about 700 people who attended the meeting were Hispanic.

Sepulveda said she didn't tell anyone to the leave the meeting with her.

Upset that the city did not provide an interpreter, she said Hispanic residents 'came to hear answers.'

'If you want to work as a community, there are challenges,' she said. 'One of those challenges is the language barrier.'

Sepulveda said many in the Hispanic community oppose the city's request for eight police officers to be certified in immigration enforcement over fears they could abuse it. Although the intent of a federal law that allows for the certification is good, in that it's aimed at stopping hard-core crime, she said she believes officers would use the power to search for and arrest illegal immigrants, who are otherwise good, hard-working citizens.

But Lyons said the certified officers would be working under the supervision of a U.S. Immigration and Customs Enforcement agent and the guidelines of the Homeland Security Act.

+++

Albertville holds town hall meeting
By Jonathan Stinson
The Sand Mountain Reporter (AL), September 3, 2009
http://www.sandmountainreporter.com/story.lasso?ewcd=60e95a95af0aba9b

The Hispanic community filed through the doors of the Albertville Recreation Center on Monday by the hundreds, with most of them dressed in white to show unity and support for one another.

The sheer number of the Hispanic community that turned out for the Albertville town hall meeting almost became as important as the issues that were on the agenda like the 287(g) program, the reallocation of tax money, among others.

In all, the Hispanic population filled the bleachers, stood along the walls, and in the lobby of the Albertville Recreation Center.

About 700 people attended — most were Hispanic.

The majority of them could not speak English, according to people at the meeting who were bilingual, and the city did not allow an interpreter, so for most of the town hall meeting they just sat there in silence until a part of the meeting about mowing grass and cleaning up yards was translated by Aylene Sepulveda, the head of the North Alabama Hispanic Committee.

Then they applauded.

Mayor Lindsey Lyons said that a future meeting on immigration would be interpreted, but he felt the town hall meeting should not have had someone who interpreted every last word because there were more issues on the table than 287(g) and other immigration issues.

'(The immigration meeting) would address the issues they would be concerned about and I think it would be appropriate to have an interpreter there,' Lyons said.

'When (Aylene) asked if she could be the interpreter… I took it as, if someone had a question who was going to be at this meeting that couldn’t speak English, I thought she was going in that direction so she could interpret it to us, the question, and then interpret the answer to them,' Lyons said.

'I didn’t know that (Aylene) wanted to interpret the entire meeting, and due to time constraints and all, it just wasn’t feasible and not possible and that is the only reason why,' the mayor said.

'It is not right that you announce there will be an interpreter and the people are here, they have taken off from their jobs, and they are not understanding,' Sepulveda said. 'If you really want to work as a community you have to get it to the people so they understand.'

Toward the end of the meeting when council members were given five minutes to make closing statements, the majority of the Hispanic population stood up and walked out.

'I think it’s important that we move forward and schedule (an immigration forum) which would address just illegal immigration, and the related issues that come along with it for the Hispanic community' Lyons said.

After the shuffling had settled down, the mayor addressed the exodus that had just taken place.

'Every citizen’s question that had been sent in online, across the board, could not be addressed tonight due to time constraints,' Lyons said. 'So we pulled out a lot of serious questions, and I think we can all agree they are serious. All of them deserve an answer.

'I consider it very disrespectful for what just happened to happen. If you want to try to get along and you walk out on this, that is just not appreciated … and that is not a good show of faith when we are trying to get along here, and I’ve just got to say it,' the mayor said.

After the meeting was over, a few of the people who could not speak English stayed behind while some of the comments were translated for to them.

'I’ll say that I thought it was deeply disappointing that they discussed issues surrounding immigration enforcement, with 70 percent of the crowd being Hispanic and they did not provide interpretation for that part of the program, when they were willing to interpret things about keeping your yard clean.' Andrew Turner, of the Southern Poverty Law Center, said. 'They were apparently unwilling to provide interpretation, such that 70 percent of the crowd would have understood what was being said about the future of immigration enforcement in Albertville.'

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Town hall meeting hits on 287(g) program
By Jonathan Stinson
The Sand Mountain Reporter (AL), September 3, 2009
http://www.sandmountainreporter.com/story.lasso?ewcd=a0dfb65bdd2ba652

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13.
Immigration talks seek consensus for Miami-Dade policy
By Trenton Daniel
The Miami Herald, September 3, 2009
http://www.miamiherald.com/news/southflorida/story/1215189.html

With only her face and neck poking above the dais, a 13-year-old girl Wednesday talked about how the deportation of her bread-winning father to Guatemala tore asunder her family.

``I know our lives wouldn't have been like this had our dad not been deported,'' said Ashley Guerra, of Sweetwater, citing the loss of her parents' home. ``They deported him because he didn't have his papers, but I don't think that's a good reason.''

Ashley's first-hand testimony about the effects of immigration policy on her family was delivered Wednesday at Miami-Dade County Hall as local leaders and immigrant advocates gathered to study a proposal that aims to articulate a single county position on federal immigration reform.

Noting Miami-Dade's many foreign-born residents, the county's Community Relations Board is seeking to build a consensus on immigration topics that have often divided residents.

The CRB will forward its positions to the Miami-Dade County Commission for final approval. The board then expects to send them to Washington, D.C., for consideration.

``Our goal is to unite our diverse communities around agreed-upon priorities for legislative reform that will uphold our common commitment to equal treatment and due process for all immigrants,'' CRB Chairman Harold Vieux told about 40 people.

Some of the topics under discussion include the securing of citizenship, the role of local law enforcement agencies in picking up undocumented immigrants and the reuniting of broken families.

``Under the current administration, comprehensive immigration reform is something that our president, the White House and Congress can deliver,'' said Jean-Robert Lafortune, chairman of the Haitian-American Grassroots Coalition. ``Immigrants can't live on hope alone.''

Lafortune and others Wednesday reiterated a plea popular in the Haitian community, one that calls for Temporary Protected Status, or TPS, for Haitians.

The designation would allow some 30,000 Haitians in the United States to apply for temporary work permits so they could wire remittances back home.

Among those in the crowd at County Hall was Nasheer Walters, a Jamaica native and entertainer who goes by the stage name eNGee dadon.

Having moved to South Florida three years ago, the 28-year-old Walters supports immigrant rights.

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14.
Irving ISD officials expected drop in enrollment, but district continues to grow
By Katherine Leal Unmuth
The Dallas Morning News, September 3, 2009
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-irvenrollment_03met.ART0.Central.Edition1.4bda1d6.html

Just two years ago, Irving school officials braced for a drop in enrollment after years of growth fueled mostly by Latino children.

The deportation of illegal immigrants arrested by police was breaking up families and spreading fear in the community. The demolition of aging apartment complexes also raised the possibility of sudden drops.

But instead of the expected drop in enrollment, the school district continues to grow.

'We did try anticipating what might happen after there was a considerable interest nationwide and certainly in this area in the immigration issue and the way in which immigration laws were enforced,' said Whit Johnstone, the district's director of planning, evaluation and research. 'Our enrollment still went up. If there's any ripple of that, you can't see it in the enrollment.'

Enrollment already has passed the predicted peak with 33,560 students as of Wednesday, or 566 students more than the same day last year. Usually the peak is reached in late September.

Irving reflects continued demographic changes in both the nation and Texas. Hispanics are closing in on becoming the majority of Texas schoolchildren.

'Our district looks a lot like Texas does and certainly what Texas will be,' acting Superintendent Neil Dugger said.

Others point to Irving's central location and the fact that the many apartments are affordable to low-income families. About 74 percent of the district's students are poor, making the inner-ring suburban district more similar in composition to the Dallas school district than other suburban districts.

Pedro Portillo, pastor of Santa Maria de Guadalupe Church, said that although many immigrant families were afraid because of their illegal status, they couldn't afford to move elsewhere.

He has seen situations where three couples with five children have lived in a small two-bedroom apartment.

'They don't have a lot of money to move to another place,' he said. 'They decide to stay even though they feel Irving is a place that does not welcome them to stay.'

The district has grown every year since reaching a low mark in 1984, after seeing constantly falling numbers through the 1970s and early 1980s.

Most of the district's elementary schools were built large to house up to 850 students, though five schools are at or above that level. The largest elementary, Davis, already has 880 students enrolled. The district just expanded MacArthur High School, which has 2,562 students, since previously many students attended classes in portable classrooms.

Though changes by race aren't available yet, district officials say traditionally Hispanic and Asian enrollment has risen, white enrollment has dropped and black enrollment has been fairly steady.

Last year about 68 percent of district students were Latino. There were 22,610 Hispanic students and 4,843 white students, according to the Texas Education Agency.

Richard Fry, a senior research associate with the Pew Hispanic Center in Washington, D.C., said that Irving reflects national suburban trends. He noted that the Dallas-Fort Worth area in particular stands out nationally for rapid change.

Trends indicate that while many children's parents may be immigrants, most of the children are U.S-born.

Suburbs are no longer the 'white enclaves' they used to be, he said. According to the Pew center, Hispanic students made up 2 million of the 3.4 million students added to the nation's suburban school districts from 1993-94 to 2006-07.

'More and more of the action is happening out in the suburbs,' Fry said. 'White enrollments aren't growing, but their total enrollments have gone up. A considerable part is due to Hispanic students out in the burbs.'

Elsewhere, Dallas school district officials said they expected their enrollment to hold steady. Grand Prairie, Mesquite, Frisco and Richardson enrollments are up. Carrollton-Farmers Branch and Garland expect enrollment to drop slightly.

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15.
Poll: Houston voters want HPD to help feds catch illegal immigrants
By Lee McGuire
The KHOU New (Houston), September 3, 2009
http://www.khou.com/news/local/stories/khou090902_mp_immigration-mayor-vote.141032f8f.html#

Houston -- An 11 News/KUHF Houston Public Radio poll has revealed a split between likely voters and the candidates themselves on the topic of immigration.

In the poll, we asked likely voters if they would support 'using Houston Police officers to enforce federal immigration laws.' Fifty-six percent said they favor the idea, and 35 percent said they oppose it.

The question of whether city police should be used to enforce federal immigration laws has been a hot-button topic in Houston for years. Currently, HPD officers do not ask the immigration status of people they encounter during patrol stops. However, some city employees and Harris County sheriff's deputies do run immigration checks on people incarcerated at the Harris County Jail. The results of those checks are handed to federal officials working at the jail.

The poll, conducted by the Center for Civic Engagement at Rice University, revealed that a majority of likely voters appear willing to expand HPD’s efforts at enforcing immigration law.

It also found different levels of support for the policy change among those who support different candidates.

According to the poll, 67 percent of the people who support Harris County Board of Education member Roy Morales are the most likely to say that HPD officers should enforce federal immigration laws. Fifty-three percent of City Council member Peter Brown believe the same thing. However, fewer than half the supporters of former city attorney Gene Locke and Controller Annise Parker think HPD should work to enforce immigration law: 46 percent of Locke’s supporters, and 42 percent of Parker’s said they 'favor' the idea when polled.

'Gene's position is that HPD needs to be spending time keeping Houstonians safe, not enforcing federal immigration policy. But make no mistake, when anyone commits a serious crime, HPD should do a background check including immigration status,' said Kim Devlin, a spokesperson for Locke.

In a statement, Parker said, 'Our immigration system is clearly in need of reform. As Mayor, I will be an advocate for comprehensive reform at the federal level. Locally, we need collaborations between all law enforcements to support and make sure policies are in place to keep Houstonians the safest. My bottom line: If you are arrested and charged with a serious crime - like assault, robbery, rape, etc. - you should expect to be reported to the immigration authorities if you are here illegally. Law enforcement leaders, including our police chief and sheriff agree that making our officers into border agents is not a viable solution. If you are a law-abiding resident you should be comfortable turning to the police for your protection without fear of being targeted based on immigration status.'

Through a spokesman, Brown said 'The Harris County Sheriff’s Office under the leadership of Sheriff Adrian Garcia has developed an effective system for checking the immigration status of detainees, and I support cooperating with his efforts. The city has applied for 287G funds to provide additional training to help officers in the city’s municipal jails deal with sensitive immigration issues, but the program would only be for officers in the City jail. I’m fully committed to enforcing our laws in Houston and to keeping our city safe, and I am opposed to any sort of policy based on racial profiling or discriminatory policing. We need to ensure that we build relationships of trust between law enforcement and Houston residents. As mayor, I’ll embrace policies that are tough on crime and smart on safety, that are driven by common sense thinking and that reflect our city’s humane character.'

Morales said he believes the Harris County Sheriff should continue to check the immigration status of people inside the jail, but said he opposes profiling. Morales said he does not believe HPD officers should check immigration status on routine encounters with the public, such as traffic stops.

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16.
ACLU Fights 7 Latinos' Loitering Charges
By Jennifer Buske
The Washington Post, September 3, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/09/01/AR2009090104238.html

Lawyers for the American Civil Liberties Union of Virginia filed paperwork in the Prince William County court system Tuesday, requesting that loitering charges be dropped against three Latinos who were gathered outside their apartment complex.

'We have two problems here,' said Rebecca Glenberg, legal director of the ACLU of Virginia. 'One is that there appears to be a pattern of using this ordinance to target the Latino community, and two, the loitering ordinance [overall] is unconstitutional.'

It was the second time in four weeks the ACLU has acted on behalf of Latinos in the county. A similar motion to dismiss loitering charges filed last month on behalf of four men stated that the county's loitering ordinance is unconstitutional. Both motions are set to go before a Prince William General District Court judge Oct. 27.

The initial motion to dismiss, filed last month, was on behalf of Alberto Miguel Arias, 35; Juan Canseco-Rodriguez, 51; Jesus Velasquez Lopez, 43; and Israel Lopez Amador, 36. The men were charged with loitering May 5 outside Coverstone Apartments in Manassas. Daniel Voss, one of the attorneys for the defendants, said the men live in the complex and were standing on the sidewalk doing nothing wrong.

'These people are paying to live in these apartment complexes and being ticketed to stand outside,' Voss said. 'What I find so offensive is that the officers obviously walked up with a preconceived idea that they would do whatever they could' to arrest the men.

The motion filed Tuesday is on behalf of Marroquin Dimas Neftal, 36; Jose Raul Garcia Mendoza, 39; and Ramon Aristide Garcia Mendoza, 34. The men, Voss said, also live in Coverstone and were charged July 10 while standing on a grassy area outside the apartment complex.

Loitering is considered a Class 1 misdemeanor and can result in a $2,500 fine and 12 months in jail, Voss said. All the men were released after the incidents. If, however, they had been detained in the jail, they would have been questioned about their immigration status under Prince William's agreement with federal immigration authorities, said Voss, who would not comment on whether the men are in the United States legally.

The motions filed by the ACLU lawyers say that Prince William's loitering ordinance is 'unconstitutionally vague' and that portions of it violate the Fourth Amendment, which prohibits arrests not based on probable cause. If there is only reasonable suspicion that a crime is taking place, law enforcement officials cannot make an arrest, the motion says.

'No one should be subject to arrest simply for standing peacefully on a public sidewalk,' Glenberg said. 'This ordinance allows police to arrest anyone they deem 'suspicious,' without any evidence of actual wrongdoing.'

Prince William police did not respond to requests for comment.

In 2005, the ACLU successfully represented 10 Latino men who were arrested in Woodbridge under the same loitering ordinance. In that case, prosecutors voluntarily dismissed the charges after lawyers filed papers challenging the constitutionality of the ordinance.

'We certainly hope the county will see this as another opportunity to review this ordinance, which we clearly think is unconstitutional,' Glenberg said.

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17.
Study: Anti-Immigrant Hate Crimes Persist
By Julia Kantor
The Epoch Times (New York), September 3, 2009
http://www.theepochtimes.com/n2/content/view/21954/

New York -- According to a research report released by the Southern Poverty Law Center (SPLC) on Wednesday, Latino immigrants of Suffolk County, N.Y., are abused and discriminated against, on a regular basis, leading to an atmosphere of terror in the region.

The research was conducted in the aftermath of a brutal killing of an Ecuadorian immigrant, Marcelo Lucero, in Patchogue, N.Y., on November 8, 2008, which received national attention. Police reports indicate that the murder was executed by a group of seven teenagers, known as 'Caucasian Crew,' who routinely conducted physical attacks on Latino immigrants. Following this tragic incident, a Spanish-speaking researcher from SPLC was sent to interview legal and illegal immigrants in the region.

The report cites numerous incidents of unjust racial profiling, harassment, verbal attacks, and physical beatings experienced by Latino residents of Suffolk County; including first-person accounts. Some of the listed examples include beatings with baseball bats, being shot with BB guns, and being run off the road while riding bicycles.

'I was crossing the street, and there was a car coming. First, they stopped for me to cross the street, and then, when I am crossing, they ran me over. When I fell on the ground, they got out of the car and kicked me,' recalled Carlos Morales, who moved from Mexico in 1998, in his interview published in the report. 'They took baseball bats out of the back of their car. They hit me on my knees, in the face, on my back. One of them put his foot on my mouth and said, ‘You should go back to where you come from, you dirty Mexican.’ And he continued to hit me,' he continued.

SPLC research indicates that hatred for immigrant residents in the area stems from the elected government and law enforcement officials. The majority of interviewed immigrants expressed serious concern for biased treatment and neglect they regularly receive from the local law enforcement, and derogatory remarks they often hear from local politicians. County Executive, Steve Levy, who is the highest-ranking politician in Suffolk County, has been widely publicized for his strong desire to drive out undocumented residents.

'Too many Latinos are terrified. They are terrified to know that if they defend themselves, they get taken away in handcuffs. Practically, as an immigrant, you don't have any rights here,' shared an immigrant from Guatemala, identified as Orlando.

According to the SPLC publication, the incidents in Suffolk County highlight a nationwide phenomenon of an increased number of hate organizations that specifically target undocumented non-Caucasian immigrants. The report also cites FBI data showing a 40 percent rise in anti-Latino hate crimes from 2003 to 2007.

The authors of the report recommend implementation of educational programs to combat bias-related crimes, and better law enforcement training to handle and document such incidents. They also call for legislation to prohibit law enforcement officials from mandating immigration status disclosure during reporting of hate-related crimes.

EDITOR'S NOTE: The SPLC publication is available online at: http://www.splcenter.org/news/item.jsp?aid=395

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Report: Bias against Latinos common in Suffolk
By Christian Salazar
The Associated Press, September 3, 2009
http://www.lohud.com/article/20090903/NEWS05/909030339/-1/SPORTS/Report+:%20Bias%20against%20Latinos%20common%20in%20Suffolk

LIers react to hate report on Suffolk
By Susana Enriques and Sumathi Reddy
Newsday (NY), September 2, 2009
http://www.newsday.com/long-island/suffolk/liers-react-to-hate-report-on-suffolk-1.1418116

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18.
Riders to help out slain agent's family
By Anne Krueger
The San Diego Union Tribune, September 3, 2009
http://www3.signonsandiego.com/stories/2009/sep/03/riders-help-out-slain-agents-family/?tijuana&zIndex=159872

Boulevard, CA -- A 70-mile poker run is being held in Boulevard on Saturday to raise money for the family of Border Patrol agent Robert Rosas, who was killed July 23 while on duty near Campo.

Riders will meet at Sacred Rocks Reserve RV park and ride to a spot west of Tecate. Each rider purchases cards along the route, and the best hand will receive prizes, including a week of free camping at the RV park.

Rosas, 30, who was shot eight times, was killed after responding to suspicious activity in an area by the U.S.-Mexico border known for human and drug smuggling.

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19.
Immigration reform will be tough to pass
By Ron Smith
The Southwest Farm Press (Houston), September 3, 2009
http://southwestfarmpress.com/legislative/immigration-reform-0904/

The thorny issue of immigration reform may get pricklier before it gets better, and Congress may have a narrow window of opportunity to make meaningful changes in a system that has not worked well for years before the cycle of national elections makes passing any contentious issue even more difficult.

In the meantime, the produce industry, a labor intensive business, depends on immigrant labor for much of its harvesting, packing and processing chores and finding a reliable pool of legal immigrant workers is increasingly difficult.

Frank Gasperini, with the National Council of Ag Employers, Dan Brown, an attorney with Berry Appleman and Leiden LLP, and U.S. Representative Henry Cuellar, D-Texas, discussed current immigration issues and potential for reform during the recent Texas Produce Convention in Austin.

Gasperini said from an employer’s perspective, immigration reform is a critical issue to provide enough legal workers to keep U.S. companies competitive and keep jobs from moving offshore. But reform will not be easy.

'The country is polarized by the far right and the far left,' he said. 'It’s hard to get it toned down. For the last eight or ten years in Congress it’s been a case of do it all or do nothing. It’s a difficult time to get things done in Washington.'

He said a temporary guest worker program, H2A, currently provides less than 5 percent of all agricultural workers in the United States. 'The estimate that three-fourths or more are not documented legally is probably true. It’s difficult to supply enough legal employees for agriculture.'

He said the Bush administration made some changes in H2A near the end of the term, but many of those changes have been under pressure by the Obama administration, including wages that are $2 higher than prevailing rates.

Employers got an injunction to stop suspension of previous H2A rules, he said, and the Department of Labor will begin working on new regulations. He said new rules could be announced in the fall or winter. 'We’ll probably see a new proposal for H2A but we’re probably not going to like it.'

He said regulations have been too broad. 'I hope to see more specific rules that leave less agency latitude. With vague legislation, we get changes with any new administration.'

He said an ag jobs bill 'is a long shot to pass this year.' He expects Congress will push next year for a comprehensive immigration bill that may include ag jobs.

'The issue becomes a lightning rod. Legislators will not support it publicly, fearing a backlash from voters. The House is more urban, now.'

Representative Cuellar said the agricultural industry needs immigration reform to offset 'a labor shortage in certain areas. Agriculture, especially, needs a guest worker plan that works. We want strong border security and a guest worker plan. We also have from 11 million to 12 million illegal aliens in the United States.'

He said dealing with that many illegals 'is the hardest part' of immigration reform. 'It will take a lot of help. We have to look at the realities and what works and what doesn’t.'

Cuellar said the last immigration reform came during the Reagan administration. 'It gets emotional,' he said. 'But we have to get something that makes sense. Intent is to do it this year but other things have gotten in the way.'

Timing is critical, he said. 'If we get too far into next year, the election will be a factor. Then next winter we’ll be into 2011 and looking at the 2012 presidential campaigns.'

Brown said enforcing current immigration laws will 'get reform moving in Congress,' and said legislation likely will focus on employers rather than on individual workers. He said President Bush had 'virtually no I-9 (Employment Eligibility Verification Form) inspections or fines, especially in his early years.

That is changing with announcement in July of 652 notices of inspections. 'Even more enforcement is to come. The biggest issue is to have the I-9 compliance policy in place.'

He said fines have increased and range from $300 to $3200 per illegal worker for the first violation. Improper paperwork could result in fines from $110 to $1100 per worker. 'Fines can add up,' Brown said.

He said some agricultural employers likely will be included in the list of inspection sites. 'Companies that receive an I-9 inspection notice should take it seriously. Employers must get procedures in place and follow them properly. Provide proper training. A lot of errors can be avoided with training.'

He also recommended that companies do their own audits and said electronic I-9 programs may eliminate some errors.

Brown said 'no match letters,' in cases where an employee’s Social Security number doesn’t match tax records, may be used to identify a possible illegal immigrant. The rule was recently repealed and final regulations for a new program have not been issued.

'For now, go back to the guidelines for 2006 and earlier,' Brown said. 'If companies get ‘no match’ letters, they shouldn’t ignore them. They may need guidance from Homeland Security and they may need to terminate employees.'

Gasperini said in a question and answer session that the industry is not certain how the Obama administration will proceed on immigration reform. He said some 'very conservative congressmen will label California Senator Diane Feinstein’s proposal as amnesty.

'The Obama administration wants comprehensive immigration reform, which offers our best chance to get an ag jobs bill.'

He said California wants an amnesty program but that Texas needs a day crossing program. 'It’s a difficult issue but there will be a lot (of advantages) for Texas in an ag jobs bill.'

He said H2A is 'broke and not fixable as is.'

Brown said regulations need to 'allow people to cross the border quickly and easily.'

Gasperini said health care also will 'be a huge employer issue. Employer mandates are possible and may include H2A and other guest workers.'

He said health care for seasonal workers would be difficult to manage with employees moving from farm to farm and across state lines as seasons change.

'The (legislative process) has slowed down,' he said. 'But something will pass and will be worked on and added to over the years. It’s better to be a part of the process and help slow it down and work on the issues.'

He said long-term, employer mandates likely will be part of the health care program. 'Temporary workers will be an issue. Our goal is to keep a system where we can remain competitive.'

Cuellar said two goals stand out for health care reform: helping people with insurance reduce costs and helping people without insurance to get coverage.

A member of the Blue Dog Democrats, Cuellar recommends holding off to study the options. But he pointed out the need to do something.

'Insurance premiums have gone up over the last ten years, 104 percent in Texas since 2001. Co-pays also are up.'

He said he wanted neither an insurance bureaucrat nor a government bureaucrat making medical decisions that should be made by individuals.

He said Texas ranks number one in the nation in the number of children without health insurance. 'One in four Texans has no coverage.'

He said a public option (government supported) or a co-op plan both 'have strong arguments. A balance is needed,' he said, to keep insurance companies competitive.

He said health care would be one of the most important issues Congress has faced in the last 40 years. The goal is to make insurance coverage available to all Americans. The trick is 'how we get there.'

He said the working middle class could be the most vulnerable in the system. 'Some are penalized for having a job. We also want to focus on small businesses. Ten years ago, 68 percent of small businesses had insurance coverage; today it’s 32 percent because premiums have gone up. How do we help the working class?

'We have to be careful of what role government plays,' Cuellar said.

Gasperini said employers also need to develop strategies for managing pandemics, such as the H1N1 flu. 'Employers will be frightened by the media and may not show up for work. The issue also could be real with deaths possible. Employers need a plan to deal with it. The industry will face the issue this winter.'

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20.
American Apparel to dismiss 1,500 factory workers
By Andrea Chang
The Los Angeles Times, September 3, 2009
http://www.latimes.com/business/la-fi-american-apparel3-2009sep03,0,6877999.story

Hundreds of American Apparel Inc. workers must leave the company because they were unable to prove their immigration status or fix problems with their employment records, the company said Wednesday.

The terminations come two months after the Los Angeles manufacturer and retailer announced that a government inspection had found that about 1,600 of its workers didn't appear to be authorized to work in the U.S.

About 200 more had been found to have discrepancies in their employment records. Among the infractions found were some employees' use of fake Social Security numbers.

'There are approximately 1,500 workers facing termination during the month of September,' said Peter Schey, a lawyer for American Apparel. The company 'is very disappointed and disheartened at having to terminate a very large number of workers who by and large have been reliable contributors to the success of the company.'

All of the affected workers are based at the company's manufacturing facility in downtown Los Angeles, Schey said.

In a letter to employees, founder and Chief Executive Dov Charney said he was 'deeply saddened' at having to let workers go.

'Many of you have been with me for so many years, and I just cry when I think that so many people will be leaving the company,' he wrote. 'It is my belief that immigrants bring prosperity to any economy.'

Charney also told the workers that once they were able to get their immigration papers in order, they would be 'given priority treatment' for positions with the company, known for its racy advertising, colorful clothes and support for immigration reform.

Virginia Kice, a spokeswoman with Immigration and Customs Enforcement, declined to discuss American Apparel specifically, saying the federal agency was 'not at liberty to discuss fines levied in work site enforcement cases until the fine amount becomes final.'

She did say that in general, employers were responsible for dismissing unauthorized workers.

'There's no direct order from ICE to terminate an employee,' she said. 'But if a company continues to employ individuals who are not authorized to work, they understand there may be potential legal consequences.'

Kice also declined to speculate on what would happen to illegal workers once they left a company.

'The focus is on the employer . . . on ensuring that businesses employ a legal workforce,' she said. 'Then again, if someone is in this country in violation of immigration laws, they are subject to enforcement action.'

Although the dismissals amount to more than 10% of American Apparel's roughly 10,000-employee workforce, the company doesn't expect problems for its business, Schey said.

'We do not anticipate that it will have a significant impact on American Apparel's productivity because of the confluence of several factors including the slow economy and high preexisting inventory levels,' he said.

The terminations are just the latest in a string of public problems that the company has faced.

In May, American Apparel agreed to settle a lawsuit brought by Woody Allen over the unauthorized use of the actor-director's image on the company's billboards.

On Wednesday, the company said it agreed to no longer use an advertisement that had run in Britain after a standards authority deemed that the sexual nature of the ad had the potential to offend people.

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American Apparel boss attacks Obama crackdown on immigrant workers
By Andrew Clark
The Guardian (U.K.), September 3, 2009
http://www.guardian.co.uk/business/2009/sep/03/american-apparel-boss-attacks-immigrant-crackdown

American Apparel to dismiss migrants with no papers
Reuters, September 3, 2009
http://www.reuters.com/article/rbssConsumerGoodsAndRetailNews/idUSBNG43271520090903

American Apparel to Can 1,500 Illegal Workers
By Dana Chivvis
The CBS News, September 3, 2009
http://www.cbsnews.com/blogs/2009/09/03/business/econwatch/entry5284626.shtml

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21.
Immigrant's success brings honor in North Fulton
By Bob Pepalis
Appen Newspapers (Alpharett, GA), September 2, 2009
http://www.northfulton.com/Articles-c-2009-09-02-179176.114126-sub_Immigrants_success_brings_honor_in_North_Fulton.html

Johns Creek, GA -- With $500 to his name, Prince Niyyar came to America with dreams of success. Realizing those dreams helped him gain the honor of being named Small Business Person of the Year by the Greater North Fulton Chamber of Commerce on Aug. 25.

Niyyar, founder of Commdex Consulting, found his company in the right place at the right time right after 9/11. The firm is a wireless systems integrator that works with its customers to integrate their mission critical telecom networks. Customers include first responders such a fire, police and EMT departments as well as municipalities to insure their communication systems are compatible not only with other first responders on a local level, but also with state and national agencies. This is done by designing and implementing mission critical voice and data networks over Wi-Fi, microwave, cellular, land mobile radio and other communications technologies.

Niyyar was chosen over three other finalists, who in turn were picked from 25 nominations this year.

Commdex grew 1,200 percent in three years and has not lost a single client.

'It truly is an honor. It's been a long journey,' Niyyar said.

Coming to the United States and forming Commdex was the culmination of that journey, he said. Niyyar said that 30 to 35 years from now, he'll be able to look back and tell his grandchildren, 'I used to be Small Business Person of the Year.'

Niyyar said he was grateful in getting the award, but there are a lot of people who shaped him and influenced him, starting with his mother. He also thanked his dad.

'By his example he led me to believe that you have to be a man of character,' he said.

And he thanked his best friend and confidant, his wife, 'for being the wind beneath my wings, always supporting me.'

He was grateful too for his children. At the end of the day of work, he said their 'hugs and kisses just make the tiredness go away.'

The Commdex team wasn't left out either, which he said made the award possible. Inc. Magazine again will list Commdex as one of the fastest growing companies in the United States, Niyyar said. The company's growth will double again this year, he said.

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22.
Immigration raids often start with tips from disgruntled employees
By Mike Sunnucks
The Phoenix Business Journal, September 3, 2009
http://www.bizjournals.com/phoenix/stories/2009/08/31/daily51.html

It often starts with a disgruntled current or former employee calling a Maricopa County Sheriff’s Office tip line or a worker who has gotten into legal trouble sharing information on an employer.

The result can be dozens of armed MCSO deputies raiding a business, shutting it down for hours and arresting suspected undocumented workers.

A 2007 state law, designed to suspend or the revoke business licenses of employers who knowingly hire undocumented workers, has led to many employee arrests, but few bosses or businesses have been charged.

Maricopa County Sheriff Joe Arpaio has raided 22 Phoenix-area businesses suspected of hiring illegal immigrants since 2008. Those resulted in 310 arrests on immigration, fake identification and identify theft charges.

The raids are welcomed by those who back Arpaio’s get-tough approach to illegal immigration, but others question how the sheriff’s tactics and targeting people whose only crime is illegally entering the U.S. for work.

Arpaio says the raids are conducted under the 2007 Legal Arizona Workers Act and a federal 287(g) agreement, which allows the MCSO to arrest illegal immigrants.

Arpaio said it is tough to prove businesses knowingly hire illegal immigrants who show fake IDs, but will arrest suspected workers during the raids. 'It’s hard to hook the employer,' Arpaio said.

Maricopa County Attorney’s Office spokesman Michael Scerbo said the county is investigating two managers at businesses raided by the MCSO under the employer sanctions law: a former supervisor with the Golfland Entertainment Inc. water parks; and Raphael Libardi, owner of Aracruz International Granite, which imports and sells granite and marble slabs and countertops used in homes and commercial buildings.

Libardi was indicted in July on charges of illegally using the Social Security number of deceased man.

'We are not interested and I have no comment,' said Ive Dummer Libardi Lopez in response to a request for comment from Aracruz Granite.

Officials at Golfland did not respond to a request for comment.

Lock down

Arpaio said most of the business raids start with a tip from a disgruntled current or former employee who knows or suspects the business in question is hiring illegal immigrants. The MCSO has received more than 5,000 such tips.

The MCSO then checks Social Security and Arizona Department of Economic Security databases for duplicates, after which search warrants often are secured.

'We don’t just knock the door down and grab people cause they look like they are from Mexico,' Arpaio said.

Julie Pace, an immigration attorney with Ballard Spahr Andrews & Ingersoll LLP who represents businesses, agreed that many times disgruntled employees call the MCSO, but added the sheriff’s business investigations also originate from other sources.

'Sometimes MCSO’s investigations arise from a current employee who is arrested based on a DUI or outstanding charge and then is interviewed by MCSO about the company and hiring practices and that can cause an investigation,' Pace said.

'Raids by MCSO have lots of officers and search warrants that generally identify the names of the individual employees — current and former — whom they want to talk with, search warrants identify documents such as personnel files for the individuals names on the search warrant list,' Pace said.

The MCSO gives no advance notice of the raids and generally locks down the operation. No phone calls, bathroom visits, or even getting a drink of water are allowed. Officers often cuff employees who they arrest as being undocumented and detain those who are legal as they check them out, Pace said.

Arpaio said the raids require significant number of officers to cordon off the area and make sure suspects do not escape. 'They are always trying to escape,' he said.

Some business owners privately acknowledge they tell workers they know or suspect of being undocumented to leave the premises if they see MCSO deputies. Informal communications 'trees' also exist among immigrant communities to notify workers and others if there appears a raid appears to be under way.

No apologies to critics

The MCSO has more than 160 officers trained to enforce federal immigration laws.

Companies hit have included Royal Paper Converting Co., Gold Canyon Candle and Handyman Maintenance Inc. Several of the companies subject to MCSO raids refused or did not respond to requests for comment.

But the owner of a Scottsdale custom furniture business where 12 people were arrested in a January raid said the actions are misguided.

'We are not interested in this fight because we believe it is a lost out-of-control cause,' said Jerry Martin, owner and manager of the Scottsdale Art Factory which makes custom furniture. 'Due to the sheriff’s egomaniacal polices he assumes it is OK to use his office to advance some personal cause, while hard working business folks make up the very tax base that allows him to exist try to survive in this economy.'

The MCSO raid on the Scottsdale business involved 45 officers. Arpaio makes no apologies for the number of deputies used in the raids saying they need to be prepared for various situations. He also makes no apologies for enforcing immigration laws and said investigations sometimes take months to develop.

'We need to have probable cause,' the sheriff said.

The U.S. Immigration and Customs Enforcement Agency also can conduct raids against businesses hiring undocumented workers. The waning days of the Bush administration saw some increased activity on that front, including threats of prosecution. The Obama administration has promised to step up such investigations.

U.S. Homeland Security Secretary Janet Napolitano said earlier this summer the administration wants to rework 287(g) pacts with local police, including the MCSO, to focus more criminal activity. Arpaio said he believes the MCSO and ICE will work out a new agreement.

Pace said businesses should audit I-9 forms, which list employees identification information and legal status. Companies should have workers sign forms further testifying they are legal to work in the U.S. and use the federal E-Verify database system to help determine workers’ status.

The business raids are part of Arpaio’s hard-line approach to illegal immigration, including crime sweeps and raids at day labor sites where undocumented migrant workers congregate. The U.S. Department of Justice is looking at whether such tactics unfairly target Hispanics and there are a couple of lawsuits against the sheriff filed by Hispanics caught in raids.

A Hispanic father and son are suing Arpaio in U.S. District Court claiming they were unlawfully detained in a February raid against a Phoenix landscaping business. The American Civil Liberties Union filed the suit on behalf of Julian Mora, 66, and Julio Mora, 19. The senior Mora is a legal resident of the U.S. and his son is a U.S. citizen, according to the lawsuit.

The Moras claim MCSO officers pulled them over on a Phoenix street in February, arrested them and transported them to the site of a raid on Phoenix landscaping business Handyman Maintenance Inc. Julian Mora was an employee of HMI at the time of the raid.

The suit claims the Moras were unfairly arrested because they look Hispanic. The pair were detained by deputies at HMI for three hours before being released. Fifty-nine immigrant workers were arrested.

The ACLU also is party to a federal lawsuit against the MCSO brought by a Mexican national who says he is in the U.S. legally. Melendres v. Arpaio involves MCSO’s treatment of Manuel De Jesus Ortega Melendres in 2007 in Cave Creek. Arpaio says the DOJ investigation and lawsuits are being pushed those who don’t like his immigration enforcement.

Immigration Raids

Raids on businesses by the Maricopa County Sheriff’s Office and number of alleged illegal immigrants detained:

* Golfland Entertainment (Waterworld/SunSplash): 20

* Artistic Land Management: 31

* Gold Canyon Candle: 60

* Management Cleaning Control:6

* Scottsdale Art Factory: 12

* Handyman Maintenance Inc.: 59

* Cochran Painting: 8

* Lindstrom Family Car Wash: 14

* Royal Paper: 47

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23.
Immigrant who took VA laptop illegally enters US
The Associated Press, September 2, 2009
http://www.dallasnews.com/sharedcontent/APStories/stories/D9AFCB5G2.html

A Salvadoran man who was previously convicted of stealing a laptop containing the identities of nearly 20 million veterans was sentenced Wednesday to nearly four years in federal prison for illegally re-entering the United States.

Jesus Alexi Pineda, 22, was deported in 2007 after serving time on a burglary conviction in Rockville, Md. During the burglary, he and two other then-teenagers broke into the home of a Veterans Affairs employee and stole a laptop and external hard drive that contained the names, Social Security numbers and birth dates of 19.6 million veterans and active-duty military personnel.

The equipment contained information on veterans discharged since 1975 and was considered the worst-ever breach of government data at the time.

The equipment was recovered and the encrypted data never used after someone turned in the laptop for a $50,000 reward.

Authorities said the men didn't target the VA employees' home and didn't know what was on the hard drive until the case was publicized.

Pineda was caught in April by Border Patrol agents while walking on a ranch north of Laredo. He pleaded guilty in June to illegal entry and was sentenced Wednesday to three years and 10 months in federal prison, said Angela Dodge, a spokeswoman for the U.S. Attorney's Office.

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24.
Spokesman: Killer Bees' apartment housed illegal immigrants
By Ana Ley
The Monitor (McAllen, TX), September 2, 2009
http://www.themonitor.com/articles/killer-30229-apartment-mission.html

Mission, TX -- An apartment reserved for members of the Rio Grande Valley Killer Bees hockey team was apparently inhabited briefly by a group of illegal immigrants, a spokesman for the team said.

Team officials believed the apartment had been vacant since early last month when the Rio Grande Valley Dorados moved out after their Arena Football 2 season ended, said Rich Bocchini, a spokesman for the two teams, which are based at Hidalgo’s Dodge Arena.

But when the Bees’ bus driver visited the apartment Tuesday afternoon to help clean it in preparation for the hockey team’s arrival in October, he noticed blankets and pillows were strewn about and there were pots and pans in the kitchen, the spokesman said.

'It was really weird, but we thought maybe the trainer was just crashing out,' said Bocchini (boh-KEE’-nee).

The next day, the team’s assistant coach visited the apartment to install a water cooler and noticed several Mexican visas on the floor, one of which belonged to a teenage boy.

Team organizers picked up the visas and called police, who then went to the boy’s school and asked staff members to summon him to the principal’s office, Bocchini said. The teen’s relatives were asked to pick him up from the campus and were detained upon their arrival.

Officials with the Mission Police Department, the U.S. Border Patrol and U.S. Immigration and Customs Enforcement were unaware of the apparent stash house.

Bocchini said it appeared that the unwanted visitors had a key to the apartment.

'I guess maybe it was a maintenance person or someone with the apartment' complex who gave the squatters a key, he said. 'It’s a little wacky. … They had to know nobody would be there until October.'

The hockey players are still expected to move in next month — furniture is set to be moved in to the apartment next week.

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25.
Border Patrol targets I-40 for illegal immigrants
The Associated Press, September 3, 2009

Kingman, AZ (AP) -- As they track illegal immigrants, U.S. Customs and Border agents are now targeting the Interstate 40 corridor between Needles, Calif., and Kingman.

During a three hour operation Wednesday, agents arrested 19 people, seized seven vehicles and even confiscated two chickens.
. . .
http://www.kswt.com/Global/story.asp?S=11041471&nav=menu613_2_6

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26.
Feds: Harlingen women agreed to smuggle immigrants
By Sergio Chapa
The KGBT News (Harlingen, TX), September 2, 2009

Two Harlingen women are behind bars after they allegedly agreed to try to get two illegal immigrants through the Sarita checkpoint.

U.S. Border Patrol agents arrested Melissa Medrano and Kassandra Nicole Puga on human smuggling charges on Saturday.
. . .
http://www.valleycentral.com/news/story.aspx?id=345423

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Center for Immigration Studies
1522 K St. NW, Suite 820
Washington, DC 20005
(202) 466-8185 fax: (202) 466-8076
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