Daily news updates from CIS

September 9, 2009

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ATTN Federal employees: The Center's Combined Federal Campaign number is 10298.

Daily morning news updates are available here: http://cis.org/blog/5

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[For CISNEWS subscribers --

1. $30b deficit attached to health care bill (2 stories)
2. Fed contractors required to verify employees (story, 2 links)
3. Border traffic down under new passport policy
4. SBI project extends contract another year
5. Border agents increasingly pelted by rocks
6. Obama detention 'czar' leaving for NY post (link)
7. Sen Martinez makes final push for amnesty (story, link)
8. New FL senator shy of immigration controversy (link)
9. New FL senator under fire for foreign hires (2 stories)
10. Leading Dem demands verification in health bill (link)
11. AZ enforcement hawk mulls AG bid (link)
12. AZ county sheriff using fines to nab illegals
13. FL sheriff sued for unlawful detention
14. Latino activists ask Obama to end enforcement
15. UT activist recognized for education effort
16. Chinese asylum seeker wins appeal
17. Six MA teens accused of beating Guatemalan man
18. AZ county sweeps nab 30 suspected illegals (link)
19. Border Patrol nabs illegals with records (link)
20. TX woman jailed for child smuggling (link)
21. Brit accused of CA fraud scheme (link)
22. Transient Mexican jailed for child abduction (link)
23. Authorities rescue four from remote WA region (link)
24. ICE deports illegals nabbed at CA checkpoint (link)

-- Mark Krikorian]

1.
New report shows undocumented could raise deficit $30 billion under proposed health care plan
By Nicole C. Brambila
The Desert Sun (Palm Springs, CA), September 8, 2009
http://www.mydesert.com/article/20090908/NEWS01/90908021/New-report-shows-undocumented-could-raise-deficit--30-billion-under-proposed-health-care-plan

A new study released today shows that, without enforcement, the undocumented could gain health care coverage through President Barack Obama's proposed plan, costing Americans more than $30 billion annually.

Roughly 6.6 million uninsured, undocumented immigrants – or about half of the nation’s undocumented population – could, because of lack of enforcement, receive benefits under the proposed health care plan, according to a study released by the Center for Immigration Studies.

'It reminds us immigration and illegal immigration looms as a large facet of the healthcare debate,' said Steven Camarota, director of research. 'They make up a huge percentage of the uninsured.'

The report did recognize that it is likely many undocumented immigrants would not enroll in the proposed plan out of fear or the lack of knowledge about the program.

Founded in 1985, the Center for Immigration Studies is an independent research organization that exclusively studies the economic, social, demographic and fiscal impact of immigration.

Undocumented immigrants are not eligible for benefits under the proposed America’s Affordable Health Choices Act of 2009, or HR 3200.

However, the study argues the bill’s lack of an enforcement provision opens the door to the undocumented taking advantage of the program.

'If you have a bar on illegal immigrants getting the affordable credit and it’s unenforced, it’s kind of like a speed limit on a highway that police say they’re never going to enforce,' Camarota said.

Congress voted down an amendment in July that would have required the Systematic Alien Verification for Entitlements program be used to verify eligibility.

Among the report’s findings:

* The cost of treating uninsured, undocumented immigrants is roughly $4.3 billion annually, in emergency rooms and free clinics.

* In 2007, 38 percent of undocumented immigrants had health insurance.

Under the proposed plan, the bill establishes government subsidies to reduce the cost of purchasing insurance to the qualifying poor; expands Medicaid eligibility and imposes an income tax on high-income individuals.

The Congressional Budget Office estimates that HR 3200, or America’s Affordable Health Choices Act of 2009, would increase the federal deficit $239 billion over the next 10 years. The proposed bill would also reduce the number of non-elderly without health insurance by 37 million.

Immigration advocates said they were not surprised the undocumented were brought into the health care debate.

'There are a number of Americans that are adamantly opposed to any support,' said Juan Lujan, a Latin American expert and dean of off-campus programs for College of the Desert.

'They don’t look at the whole picture; at what they contribute, what they do, the jobs they have.

'You’re not going to change these folks minds, least of all in the times that we are in right now.'

Immigration opponents have long argued that the undocumented are a drain on public services.

In 2006, though, a Desert Sun analysis found undocumented immigrants pump nearly $1.5 billion annually into the Riverside County economy while costing residents roughly $220 million for the social services they use.

President Barack Obama plans to address Congress on his health care reform proposals tomorrow.

The reform proposals have set off a firestorm of protests nationwide.

EDITOR'S NOTE: The CIS study, 'Illegal Immigrants and HR 3200: Estimate of Potential Costs to Taxpayers' is available online at: http://www.cis.org/IllegalsAndHealthCareHR3200

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Survey: Undocumented immigrants could benefit from health care reform
By Nicole C. Brambila
The Desert Sun (Palm Springs, CA), September 9, 2009
http://www.mydesert.com/article/20090909/NEWS01/909090321/1006/news01

A study released Tuesday says that without enforcement, undocumented immigrants could get health care coverage through the president's proposed plan, costing Americans more than $30 billion annually.

But that's if all undocumented immigrants seek care — something another immigration expert and the study say is unlikely.

And the price is small compared to the cost for American citizens.

Undocumented immigrants are not eligible for benefits under the proposed America's Affordable Health Choices Act of 2009, or HR 3200, about which President Barack Obama plans to address Congress at 5 p.m. today.

However, the study by the Center for Immigration Studies says the bill's lack of an enforcement provision opens the door to the undocumented taking advantage of the program.

'If you have a bar on illegal immigrants getting the affordable credit and it's unenforced, it's kind of like a speed limit on a highway that police say they're never going to enforce,' said Steven Camarota, director of research.

Given public support that citizenship be required for social services, Camarota said it was likely Congress would add verification eligibility to the bill.

Rasmussen Reports this week found that more than 80 percent of voters say government health care benefits should be restricted to U.S. citizens only.

Immigration advocates said they were not surprised the undocumented were brought into the health care debate.

'There are a number of Americans that are adamantly opposed to any support,' said Juan Lujan, a Latin American expert and dean of off-campus programs for College of the Desert in Palm Desert.

'They don't look at the whole picture, at what they contribute, what they do, the jobs they have,' Lujan said. 'You're not going to change these folks' minds, least of all in the times that we are in right now.'

Money matters

Immigration opponents have long argued the undocumented are a drain on public services.

In 2006, a Desert Sun analysis found undocumented immigrants pump nearly $1.5 billion annually into the Riverside County economy while costing residents roughly $220 million for the social services they use.

Roughly 6.6 million uninsured, undocumented immigrants — or slightly more than half of the nation's undocumented population — could receive benefits under the proposed health care plan, the study says.

'They make up a huge percentage of the uninsured,' Camarota said.

The majority of undocumented immigrants are uninsured — some studies say 60 percent, others put the figure as high as 68 percent.

But they're also young and very healthy, and a scenario in which all the undocumented seek health insurance coverage is unlikely, according to experts such as the Pew Hispanic Center and the RAND Corp.

'The crucial missing step is how many of the undocumented immigrants would get insurance,' said Jim Smith, a senior economist with the nonprofit RAND Corp. 'On one side is zero. On the other is everybody. That number is important.'

A 2005 RAND study co-authored by Smith found that nationally the medical cost for the undocumented was $5.2 billion annually, or less than 2 percent of the total national cost.

'Even when one controls for age and whether one has seen a doctor, rates of reported chronic disease are lower in the migrant population,' the RAND report said.

'There is a growing body of evidence that indicates that on average, American migrants are healthier than the native-born and that strong positive migration selection on health is the primary reason.'

The Center for Immigration Studies report also says that it is likely many undocumented immigrants would not enroll in the proposed plan out of fear or the lack of knowledge of the new program.

EDITOR'S NOTE: The Rasmussen results are available online at: http://www.rasmussenreports.com/public_content/politics/current_events/healthcare/september_2009/83_say_proof_of_citizenship_should_be_required_to_get_government_health_aid

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2.
Disputed E-Verify rules go into effect
By Chris Strohm
Congress Daily (Washington, DC), September 8, 2009
http://www.govexec.com/story_page.cfm?articleid=43543&dcn=todaysnews

A coalition of business groups continued to wage a legal battle Tuesday as a government mandate took effect requiring federal contractors to verify the immigration status of employees working on government projects.

After months of delay, the Homeland Security Department implemented a rule requiring most federal contractors and subcontractors to use its E-Verify system to prove employees working on government projects are legally in the country.

The path to implementing the mandate cleared Friday when the U.S. District Court for the Southern Division of Maryland refused to grant a business coalition led by the U.S. Chamber of Commerce an emergency injunction that would prevent the rule from taking effect.

'Any contractor that lets a contract on or after today requires the E-Verify clause in that contract,' said Bill Wright, a spokesman for Citizenship and Immigration Services, which operates E-Verify, a system that compares employee information to department and Social Security databases.

Nonetheless, the business coalition is challenging the court ruling at the 4th Circuit U.S. Court of Appeals, said Angelo Amador, the Chamber's executive director for immigration policy.

'The rule going into effect today will cost millions of dollars for some employers to implement, as they reverify every single employee -- costs that will ultimately be borne by the American people, which pay the taxes used for federal contracts,' Amador said.

But Wright noted several nuances in the rule. For example, it does not apply to businesses with contracts worth less than $100,000; contracts that involve the procurement of commercially available equipment; and to subcontractors working on projects valued under $3,000.

And it only applies to contracts within the United States. Additionally, contractors will have 30 days to sign up for E-Verify and then 90 days to verify the employment status of their workers.

There are about 170,000 federal contractors employing about 3.8 million workers, Wright said. 'Obviously there won't be 169,000 federal contractors signing a contract today,' he said. 'There's plenty of ample time to learn the system [and] get your questions answered.'

As of Saturday, about 150,000 employers nationwide had signed up to participate in E-Verify, according to Wright's agency.

On a related front, congressional authorization for the E-Verify program expires at the end of September. But lawmakers already have taken action through the pending fiscal 2010 Homeland Security appropriations bills to reauthorization the program.

The House version of the appropriations bill would extend it for two years, while the Senate version would reauthorize it permanently.

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Some federal contracts require worker ID check
The Sacramento Bee, September 9, 2009
http://www.sacbee.com/business/story/2168742.html

Business Groups Turn to Capitol Hill to Amend E-Verify Regulations
Workforce Management, September 8, 2009
http://www.workforce.com/section/00/article/26/65/90.php

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3.
Border traffic plunges under passport policy
By Emily Bazar
USA Today, September 8, 2009
http://www.usatoday.com/travel/2009-09-08-borders_N.htm

The number of people crossing the northern and southern land borders into the USA has dropped sharply since a passport requirement began June 1.

Businesses in tourism-dependent border communities blame the policy for making a bad year worse.

At Martin's Fantasy Island, an amusement park in Grand Island, N.Y., about 10 minutes from the Canadian border, 'our Canadian business is way off,' spokesman Mike McGuire says. Nearly one-third fewer Canadian families of four have come for discounted 'Canadian Wednesdays' compared with last year, he says. He blames the recession, a soggy summer and the passport rule.

The park is in the Buffalo border crossing region, which saw a 13% decline in privately owned vehicles coming into the USA in June and July compared with the same period last year, according to U.S. Customs and Border Protection (CBP). Along both borders, traffic was down 12.5%.

The change is part of the Western Hemisphere Travel Initiative, an effort to make borders more secure after 9/11. The rules affect U.S. citizens entering by land or sea, who once could get across by simply declaring themselves citizens. The change also affects citizens of Canada and Bermuda, who previously did not have to show passports.

Now, they must have passports or a handful of other documents including enhanced driver's licenses, which have more security features and are available in some Canadian provinces and Michigan, New York, Vermont and Washington.

The passport rule went into effect at airports in 2007. The rules for Mexicans have not changed; they have long needed special border crossing cards or passports plus visas.

CBP officials say the change has made border crossings safer and more efficient and isn't to blame for declining numbers. Fewer people have been coming to the USA via land borders since 9/11, says Colleen Manaher, initiative director.

Compliance has been high; 95% of affected travelers arrive at the borders with proper documents, she says. 'You have to look at this in totality,' she says. 'There is the recession, exchange rates, gas prices. There's border violence, there's weather.'

Many customers of Lakefront Lines, a charter and tour bus company in Cleveland, don't want to invest in new IDs, tour director Karen Williams says. The company has halved the number of trips it makes each week to a casino in Windsor, Ontario, and upped trips to U.S. casinos. 'Customers tell me, 'I can spend my money at another casino rather than on a passport,' ' she says.

At the New York amusement park, 'we used to cater a few picnics for Canadian businesses. A couple have told us they can't do it because they can't force their workers to get passports,' McGuire says. 'Where it really hurts is the impulse buy. Mom and Dad are sitting at home on a Saturday afternoon and say, 'Hey, let's go to Fantasy Island. Wait, we can't because we don't have … passports.''

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4.
Boeing border-sensor work extended
By Brady McCombs
Bloomberg News, September 9, 2009
http://www.azstarnet.com/business/308259

The Boeing Co. will get a one-year extension worth as much as $300 million on its contract to build a network of cameras, radar and sensors to stop illegal crossings at U.S. borders, said the federal official in charge of the project.

Mark Borkowski, executive director of the Secure Border Initiative, said it made sense to retain Chicago-based Boeing as tests begin on the system deployed along a section near Tucson. The original three-year contract wraps up at the end of this month.

'We need to get this system built, and we need to confirm it's the system we want, and we need to have a single contractor that's accountable for that,' he said in an interview. 'It's probably not a good time to be talking about changing our acquisition strategy' by hiring another contractor.

Customs and Border Protection estimates it will cost $6.7 billion to install the system so that it covers the most heavily traveled parts of the U.S.-Mexico border by 2014.

The project has been plagued by technical glitches and delays since its start in 2006. Early on, technicians had trouble with cameras that took too long to focus and radar images that were obscured by raindrops.

Initial testing on the Tucson section will begin in 'less than two months' with an evaluation completed by the end of the year, he said. The Border Patrol then will examine the system for several additional months to see if other changes are needed, he said.

Federal officials will test to see if the system can detect 70 percent or more of people and vehicles crossing the border illegally, Borkowski said.

Construction along a second section of the Arizona border is to begin next month. That installation has been delayed for six months because it includes environmentally sensitive land, limiting options for erecting towers that hold the cameras and sensors, Borkowski said.

Local angle

The Boeing Co. and U.S. Customs and Border Protection officials have completed construction of a 17-tower system called Tucson-1 located along 23 miles of U.S.-Mexico border flanking Sasabe, said Jenny Burke, a spokeswoman for U.S. Customs and Border Protection.

Officials are currently testing the system and its hardware and components in preparation for a scheduled hand-over to the Border Patrol next year for a formal user assessment, she said. The Border Patrol will have a chance to be involved during the current testing, she said.

Construction of a 12-tower system along 30 miles of border in southwestern Arizona near Ajo called Ajo-1 is to begin in October, she said.

Both systems include a combination of sensor towers, which have radar, sensors and day and night cameras; and relay communication towers. The system is designed to detect who and what is coming across the border and pass that information on to control rooms.

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5.
Border Patrol Agents Face Rockings
The KYMA News (Yuma, AZ), September 8, 2009
http://www.kyma.com/slp.php?idN=2712&cat=News

Getting pelted with rocks -- it's an increasing trend for some local Border Patrol Agents.

Border Patrol Agents in Calexico, part of the El Centro sector, say they've seen an increasing number of rockings. Since the 2009 fiscal year began, agents say they've seen more than 100 rockings.

Agent Keith Croxton has experienced this first hand, and says it can be scary. First thing, his 'adrenaline level spikes; you clear yourself and check your vehicle.' After all, 'anytime threat of health or well being there is a level of fear involved.'

Most of the rockings within the El Centro sector occur in Calexico. In the past week, Calexico Agents have been attacked eight times.

One area prone to rockings -- first street along the border fence. There, people sit on top of the fence or in trees typically on the Mexico side of the border. They rock the agents below. Their goal can be anything from distracting to hurting agents.

A lot of rockings also happen in between the border fence and the truck lot fence by the New River. That's because illegal immigrants hide next to the fence, and smugglers don't want them caught by Border Patrol Agents.

To protect themselves, Agents use vehicles designed to be 'rock proof.' But usually only five to six of these vehicles are taken out at a time. If Agents are not in a 'rock proof' vehicle, and they are attacked, they must rely on their self-deffense.

Croxton says they are 'trained to get out of the way and use less-than-lethal weapons.' This includes collapsible straight batons, OC spray and the FN-303 projectile launcher.

But even with these precautions, rockings can still put Agents in danger. Croxton explains, they can get hurt by broken glass from the windshield or windows. Injuries can be even worse if an Agent is rocked while on a bike or on foot.

Agents maintain an open line of communication with Mexican law enforcement agencies. Mexican authorities respond and try to apprehend suspects who are suspected of rocking agents.

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6.
Immigration Official to Run New York’s Jails
By Nina Bernstein
The New York Times, September 8, 2009

The corrections expert appointed just a month ago to direct an overhaul of the nation’s troubled immigration detention system is leaving the Obama administration to be commissioner of correction for New York City, Department of Homeland Security officials said on Tuesday.

The expert, Dora B. Schriro, did not return calls for comment, and the Homeland Security officials who confirmed her departure were not authorized to speak for attribution. But an administration official who discussed the decision with Dr. Schriro said her main reason was the needs of a sick family member in New York, not any policy disagreements with the administration.
. . .
http://www.nytimes.com/2009/09/09/nyregion/09detain.html

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7.
Mel Martinez says farewell; touts immigration reform
By William Gibson
The South Florida Sun Sentinel (Fort Lauderdale), September 9, 2009
http://weblogs.sun-sentinel.com/news/politics/dcblog/2009/09/mel_martinez_says_farewell_tou_1.html

Florida Senator Mel Martinez delivered his farewell address to the Senate this morning and called for Congress to take up immigration reform.

He downplayed controversy and policy issues in his low-key speech on the Senate floor, but briefly noted his faltering attempts to overhaul immigration law.

“I do hope Congress will address this very important issue,” Martinez told his colleagues.

Disputes over immigration clouded Martinez’ Senate experience and may have contributed to his decision to resign 16 months before his term expired. Many fellow Republicans around the country resented his attempts -- along with John McCain, Ted Kennedy and others – to give undocumented residents a chance to work legally and earn a path to citizenship.

Clashes over immigration also prompted Martinez to abruptly quit as general chairman of the Republican National Party.

Martinez noted that he had been the first Cuban-American to serve in a president’s Cabinet. He was secretary of housing and urban development under George W. Bush.

He was the only immigrant in the Senate and one of two Cuban-Americans.

After thanking his colleagues and staff, he spoke in Spanish to the Cuban-American community, then translated it. “I am appreciative of the pride we shared together,” he said.

Many observers remain puzzled by Martinez’ decision to leave the Senate rather than serve out his term.

Senator Richard Durbin, a Democrat from Illinois, said Martinez had told him, “It’s all about my family.”

Martinez urged his colleagues to welcome his replacement, George LeMieux, who will be sworn in on Thursday.

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Fla. Sen. Martinez says farewell in final speech
The Associated Press, September 9, 2009
http://www.google.com/hostednews/ap/article/ALeqM5iZcY6X-vRNJawNiL1Q2q7feWMBSwD9AJTK480

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8.
Florida's new U.S. senator eager to begin serving
By William E. Gibson
The Orlando Sentinel, September 9, 2009
http://www.orlandosentinel.com/news/local/orl-lemieux-senate-090909,0,3245857.story

The nation's newest and youngest senator-to-be came to the Capitol this week determined 'to fight for the people of Florida.'

Sen. George LeMieux will represent the state on some of the biggest issues of our time. He said he is elated to be in Washington, so excited that he will move his wife and three young sons so they can share his experience of serving as Florida's interim senator for 16 months.
. . .
LeMieux appears likely to steer clear of Martinez's controversial attempts to overhaul immigration law, which would include a path to citizenship for the undocumented. 'We need to secure our borders,' LeMieux said. 'After we do that, we can figure what happens to people already here.'

LeMieux said he opposes expansion of the federal government and is worried about its growing debt — conservative tenets that put him in line with his Republican colleagues.

'I have three young sons — 6, 4 and 2,' he said, 'and I'm worried that this country isn't going to be a place of opportunity if we are saddled with that kind of debt.'

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9.
Meek criticizes LeMieux over firm's aid to foreign workers
By Beth Reinhard
The Miami Herald, September 9, 2009
http://www.miamiherald.com/news/florida/story/1223978.html

Democratic U.S. Rep. Kendrick Meek joined union workers Tuesday in blasting incoming Republican Sen. George LeMieux over his law firm's role in bringing in Mexican laborers to build a high-rise hotel and condominiums in Miami.

LeMieux is chairman of Gunster Yoakley, a Tallahassee-based firm that helped secure visas for the foreign workers who claimed they had skills lacked by their American counterparts at a time of rising unemployment. LeMieux said he wasn't involved in the case.

About a dozen sheet metal workers met with Meek at his Miami Gardens office. Most raised their hands when asked if they were unemployed.

``If you have folks coming in from a foreign country when there are people here who have to pay their bills and have to pay their taxes and are overlooked, that's something that we need to work on,'' Meek said.

He added: ``Just because the governor decides to appoint his good friend and campaign manager to the U.S. Senate doesn't necessarily mean that we close our eyes on issues such as this.''

Gov. Charlie Crist appointed LeMieux, his former chief of staff and campaign manager, to fill the term left by retiring Sen. Mel Martinez. With Crist and Meek vying to be elected to the post in 2010, LeMieux's appointment immediately became an issue in the race.

LeMieux said he would resign Wednesday from the law firm to fulfill the Senate's restrictions on outside employment. He is scheduled to be sworn into office on Thursday.

``I'm not personally aware of all the details on the [immigration] matter, and I didn't bill any time on the matter,'' he said. ``I`m sure the legal work was done correctly.''

One of the union members said she wanted to set up a meeting with LeMeiux. Another member, 44-year-old Lamont Mosley, asked, ``What type of message are we sending to kids, telling them to get a higher education so we can bring people in to do your job, so we could send your job overseas? This is ridiculous. I served in the military. This should never happen. I was born and raised in Florida. I've been unemployed for over a year.''

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New Florida Sen. LeMieux faces scrutiny for law firm work
By Steve Bousquet, Mary Ellen Klas and Marc Caputo
The Miami Herald, September 8, 2009
http://www.miamiherald.com/news/politics/AP/story/1222728.html

When Gov. Charlie Crist anointed George LeMieux as Florida's new U.S. senator, he did more than hand his closest adviser the plum job of a lifetime. With a hug and a handshake, Crist transformed LeMieux from a little-known insider ('George LeWho?' one paper asked) to a major political figure, suddenly thrust into a spotlight that's illuminating how his public service brought him private profit.

Amid charges of political cronyism and claims he was picked to be the governor's proxy in Washington, there is renewed scrutiny of LeMieux's dealings and those of his law firm, Gunster Yoakley & Stewart, on multiple fronts:

* The law firm, chaired by LeMieux, helped foreign workers get visas last fall to help build a hotel and condos in Miami, depriving dozens of Floridians jobs at a time of rising unemployment. CBS4 News in Miami first reported the law firm's efforts, which included persuading the U.S. State Department that the Mexican workers had special skills that Americans didn't. In a statement, the firm said Le-Mieux had no involvement in immigration matters.

* While serving as Crist's chief of staff in 2007, LeMieux secretly helped negotiate a lucrative gambling agreement with the Seminole Tribe of Florida that was struck down by the Florida Supreme Court as unconstitutional and has triggered a debate over the expansion of gambling in Florida. LeMieux recently helped negotiate a second compact that the Legislature will consider this fall. He has said the compact will contribute more money to Florida schools and will limit future expansion of gambling.

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10.
Public option splits House Democrats
By S.A. Miller
The Washington Times, September 9, 2009
http://washingtontimes.com/news/2009/sep/09/public-option-splits-house-democrats/

The House's top two Democrats on Tuesday came out on opposite sides of creating a government-run insurance option, exposing a rift in the health care debate that President Obama must try to bridge when he addresses Congress on Wednesday night.

Among dozens of Democrats who have soured on Mr. Obama's plans over the summer are Rep. Mike Ross, a moderate who helped broker a deal in July but now says he no longer supports that compromise because it includes the government-run 'public option' plan.

'An overwhelming number of you oppose a government-run health insurance option, and it is your feedback that has led me to oppose the public option as well,' Mr. Ross said in a newsletter to his constituents in Arkansas. 'There are so many other reforms we need to try first before we completely overhaul our entire system.'

The public option has become the biggest sticking point in the debate, with liberal Democrats insisting on it and moderates and Republicans balking.
. . .
Mr. Ross also said he would oppose any bill that 'provides federal funding for abortions or illegal immigrants, and I will never vote for a bill that rations care for seniors or anyone else. And, whatever we do, it must be deficit neutral.'

Mr. Obama and Democrats say their bill is not intended to cover illegal immigrants, but Republicans say it doesn't include strong verification that would keep illegals from obtaining benefits. The Center for Immigration Studies, which wants a crackdown on illegal immigration, said in a report released Tuesday that if all illegal immigrants were covered - or if they gained legal status and became eligible - the cost could be about $30 billion a year.

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11.
Thomas explores run for Arizona attorney general
The Arizona Republic (Phoenix), September 8, 2009

Andrew Thomas will officially form an exploratory committee today to gauge if he has the financial and political support to run for Arizona attorney general in 2010.

Thomas told The Arizona Republic of his decision on Tuesday, but it had been rumored for months.

Lower-level prosecutors in the Maricopa County Attorney's Office, where Thomas has served since 2004, began whispering about it last year. Thomas' outside publicist had stopped short of saying it outright. And veteran attorneys openly discuss in the courthouse whether they should apply for the interim position.

'If I were to run,' Thomas said, 'it's because I have concluded that I have largely done what I set out to do on the central issues related to crime, illegal immigration and law enforcement as county attorney, and it's time to take that leadership to a statewide position.'

He has until May 26, 2010, to announce formally, at which point he would have to resign as county attorney. By filing a 'statement of organization' today, he can start planning while remaining in office.

Arizona Superintendent of Public Instruction Tom Horne and state Rep. Sam Crump, both Republicans, have already announced their interest in the office, as has Democratic state Rep. David Lujan.

Thomas, a Republican, ran for attorney general once before, in 2002, but he lost to Democrat Terry Goddard by an 8 percent margin.

But the political landscape has changed since then. Goddard cannot run again because of term limits, and he has indicated that he will run for governor.

And Thomas has since made a name for himself. He ran for county attorney in 2004 on a platform of fighting illegal immigration, and then managed to help shepherd state-immigration laws through the Legislature.
. . .
http://www.azcentral.com/arizonarepublic/local/articles/2009/09/09/20090909thomas0909.html

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12.
MCSO using outstanding traffic, license fines to arrest immigrants
By Mike Sunnucks
The Phoenix Business Journal, September 8, 2009
http://phoenix.bizjournals.com/phoenix/stories/2009/09/07/daily19.html

Maricopa County Sheriff Joe Arpaio may have a way to bypass possible changes in federal immigration law by arresting illegal immigrants on outstanding charges such as unpaid traffic tickets and fines for not having drivers licenses, according to immigration attorneys and Hispanic activists who monitor the agency’s activities.

The Maricopa County Sheriff’s Office Web site lists 30 individuals arrested over the past three days for not paying fines, another 24 had charges that included missing court dates. The information, however, did not specify whether the individuals were undocumented.

The failure to pay fine charge means the MCSO and other police agencies can arrest illegal immigrants without getting U.S. Immigration and Customs Enforcement approval at the time of the arrest. Immigration charges can be added after defendants are booked, said sources, some of whom asked not to be identified.

'If there is an outstanding warrant for failure to pay fines, then MCSO can pick up the person on the warrant itself, regardless of their immigration status and not have to get into that with the person or call ICE — because it will be addressed when the person gets booked in jail,' said Margarita Silva, a Phoenix attorney with the law office of Navidad, Leal & Silva.

'I think this is because, simply paying a traffic ticket — even in municipal court or a justice court, as opposed to mail — does not usually expose one to immigration questioning, a requirement to produce ID or contact with law enforcement. The courts in general allow people to come in and pay or make payment arrangements without any issues at all,' Silva said.

The MCSO has a 287(g) agreement with the U.S. Department of Homeland Security and ICE that allows local police to arrest illegal immigrants. DHS Secretary Janet Napolitano has proposed amending such pacts to shift the focus from the business raids and crime sweeps popular with Arpaio to criminal syndicates and violent crimes.

Arpaio told the Phoenix Business Journal last week he is optimistic that something can be worked out on the 287(g) agreements and stressed he can still enforce immigration laws via the state’s employer sanctions law the Legal Arizona Workers Act.

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13.
Lawsuit accuses Sheriff Bradshaw of illegally holding immigrants on minor charges
By Jane Musgrave
The Palm Beach Post (FL), September 8, 2009
http://www.palmbeachpost.com/news/content/local_news/epaper/2009/09/08/0908immigrants.html

Marcotulio Mendez has spent four months in the Palm Beach County jail on charges of driving without a license and fleeing from police. And even though the 28-year-old father of four has friends willing to post his $3,000 bond, he's not going to be leaving the jail anytime soon.

Shortly after his arrest, U.S. Immigration and Customs Enforcement slapped a hold on him for unspecified immigration violations.

The Guatemalan who has lived in West Palm Beach for 11 years has become a poster child for immigrant groups which last week filed a federal lawsuit against Sheriff Ric Bradshaw, claiming he is violating immigrants' constitutional rights by keeping them in jail even though state judges have said they can be released on bond.

'The bottom line is that all the evidence suggests that the sheriff is depriving people of their liberty,' said Daniel Cohen, an assistant public defender who represents Mendez. 'Government is prohibited from depriving people of their liberty without a judicial order.'

And, Cohen said, a hold from ICE isn't a judicial order. It's simply a notice from a federal agency that there may have been a violation of immigration laws.

'It's like the former Soviet Union, summarily whisking people off the streets, arresting them and putting them in jail with no way out,' Cohen said. 'It's outrageous that this man has been kept in jail for four months.'

Outrageous or not, it's not Bradshaw's fault, said attorney Fred Gelston, who represents the sheriff's office.

'The sheriff isn't a law-maker,' he said. 'They need to challenge the constitutionality of the federal regulation.'

Bradshaw didn't refuse to accept Mendez's bond, he said. Jailers told Mendez's friends that they shouldn't post it knowing they couldn't release him because of the he was being detained by ICE. Further, his friends could lose their money if he is ultimately deported.

'No good deed goes unpunished,' he said of the advice given to those who want to post bonds for those being held by ICE.

The lawsuit is similar to one the American Civil Liberties Union filed in California earlier this year. In July, the ACLU of Florida sent a letter to law enforcement agencies statewide, warning that jailing people based on federal immigration orders is unlawful and could subject them to lawsuits.

Barry Silver, who filed the lawsuit on behalf of Mendez and three immigrant rights groups, said he is hopeful the action sends a message to other Florida sheriff's.

The El Sol Neighborhood Resource Center in Jupiter, the Florida Immigration Coalition and Corn Maya Inc. joined the lawsuit because what they deem to be the sheriff's policy forces them to waste limited resources fighting for the release of clients they claim are being unfairly jailed.

In the meantime, Mendez's wife, Crisanta, said life has been hard since her husband's arrest.

'Let me tell you that my children are taking it badly,' she said. 'We're waiting. But God is great and God is just.'

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14.
Out-of-work Undocumented Migrants Seek End to Crackdown
By Ivan Mejia
Hispanic Business, September 8, 2009
http://www.hispanicbusiness.com/politics/2009/9/8/outofwork_undocumented_migrants_seek_end_to.htm

Hundreds of undocumented workers who recently lost their jobs are asking the government to stop taking a 'hard line' on immigration policy and to offer a solution to the desperate situations of many of them.

'We're demanding that (President Barack) Obama stop the application of a hard line on existing immigration laws,' Nativo Lopez, the head of the Mexican American Political Association, told Efe.

Lopez said that more than 2,200 undocumented workers recently have been fired from several manufacturing firms in Los Angeles.

'The majority of the people don't know it, but Obama has the executive discretion to put a stop to the verification of employment documents, E-Verify, and the sending of letters of Social Security discrepancies,' the activist said.

The E-Verify system compares the information on the Employment Eligibility Verification Form, or I-9, against government databases to confirm that a prospective employee has the legal right to work in the United States.

Unions, business groups and defenders of immigrants' rights say that despite improvements, E-Verify is still prone to errors.

Among the companies that laid off workers is American Apparel, a clothing manufacturer that is pushing a campaign supporting immigration reform on T-shirts with the message in English 'Legalize LA' and which this month will lay off 1,500 workers from whom the government is demanding proof of the validity of their documents.

Marina Andrade, American Apparel's representative, told Efe that 'the workers are like our family and it affects us greatly to think that they're not going to have (money) to pay the rent or for food. Therefore, we're asking President Obama to quickly approve immigration reform.'

'What the government is doing is as if it were cutting off our arms,' Esther Hernandez, 32, one of the workers dismissed by American Apparel, told Efe.

Olga Casta??eda, 39, said that the firings are a sign of 'the oppression of the labor that the country needs by the government.'

'We're asking the government if, for the moment, it's not going to approve immigration reform to stop pressuring employers to throw out workers,' she said.

Alexander Auerbach, a member of the board of directors for frozen food packing firm Overhill Farms, in southern Los Angeles, told Efe that the Internal Revenue Service conducted an audit of payrolls for 2006 and found that out of 1,000 workers 260 had inconsistencies in their documents.

Because of that, last April the Social Security Administration sent letters to the employers informing them that some of the Social Security numbers of their workers were invalid.

'The government was telling us that these people are not here legally and, therefore, we, the company, like the workers, were going to face legal action,' Auerbach said.

'Many of the people have been with us for many years and have experience in the job that's to the countries advantage, but the lawyers recommended that we fire them because if we did not do that we would have had to pay millions of dollars in fines or go to jail,' he said.

Marcelino Arteaga, one of the Overhill Farms workers who was laid off, told Efe that one day a week a number of the firm's former employees protest in front of the packing plant.

'We know that this fight is not against this or other companies, but that it's a fight against the policies of Barack Obama that focus on punishing employers,' he said.

Artega said that this situation, for firms like Overhill Farms, is an opportunity to lay off people with a certain amount of seniority 'without paying them anything, and then hiring people part-time and without benefits, whereby the company saves more money.'

'We believe that the only solution is in Obama's hands and the only thing he can do is fulfill what he promised us Latinos in the campaign, that is to say immigration reform,' he said.

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15.
Immigrant program director awarded
By Kim Burgess
The Herald Journal (Logan, UT), September 9, 2009
http://hjnews.townnews.com/articles/2009/09/09/news/news02-09-09-09.txt

Longtime educator Hector Mendiola will receive a national diversity award during a November ceremony in Washington, D.C.

Mendiola heads a Utah State University Cooperative Extension program, the Hispanic/Latino Families Education Network, which teaches computer skills and English to immigrant children and their parents.

Since the effort began eight years ago it has helped more than 1,000 people, often giving them the tools to get better jobs or advance their education.

For this work, the U.S. Department of Agriculture will recognize Mendiola with a 2009 National Award for Diversity at the annual meeting of the Association of Public and Land Grant Universities.

Mendiola said he was proud of the award but was quick to credit the combined effort of USU Extension, local school districts and the Mexican government.

'This award is the result of many people working together,' he said.

Logan High School, Mount Logan Middle School and North Cache 8-9 Center offer the program, and similar classes have been started in the Granite School District and the Salt Lake School District.

The curriculum, created by the Monterrey Technological Institute, is designed for flexibility. Sessions are offered during the day, in the evening and through the Internet. Students can work at a pace that suits them, and they can attend as often as they’re able.

Chuck Gay, USU’s Associate Vice President and Associate Director of Cooperative Extension, said that Mendiola has put in a lot of effort to make the Hispanic/Latino Families Education Network a success.

'He is absolutely tireless; he will do anything, go to any length, work as hard as need be to do a good job,' Gay said. 'He is one of the finest gentlemen that I have ever met.'

A 78-year-old father of three, Mendiola came to Logan from Mexico in 1993 following his retirement from a Mexican university.

He said Cache Valley has been a friendly and supportive place to live.

'I love Logan,' Mendiola added. 'It is a wonderful community.'

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16.
Chinese Asylum Seeker Wins 2nd Circuit Appeal
The Courthouse News, September 8, 2009
http://www.courthousenews.com/2009/09/08/Chinese_Asylum_Seeker_Wins_2nd_Circuit_Appeal.htm

The 2nd Circuit gave a Chinese woman another shot at asylum, saying the immigration judge had relied on speculation, not fact, when he rejected her alleged fear of persecution based on the country's coercive family-planning policy.

In her asylum application, Su Chun Hu claimed she was forced to have an abortion in June 2000. When she skipped a follow-up appointment to insert an intrauterine device, her mother-in-law was allegedly taken hostage and released only after Hu and her husband posted bond.

Hu said she feared being 'beaten and incarcerated' if returned to China.

Immigration Judge Sandy Hom denied her petition, finding her testimony not credible based on certain inconsistencies and conflicts in the record.

The 2nd Circuit told the judge to reconsider the case, because his earlier order was based on 'unspecified inconsistencies, flawed reasoning and misunderstanding of evidence.'

Hom tried to explain the specific inconsistencies by pointing to Hu's demeanor in court. For example, he said Hu's demeanor while testifying about her forced abortion was 'suggestive of someone who has never experienced an abortion procedure and was more akin to a routine gynecological 'pap smear' check-up, rather than a life-altering traumatic experience.'

The New York-based appeals court called Hom's analysis 'impermissible speculation.'

'[Hom] provided no basis for his assumptions about how someone who had a forced abortion would testify,' the court wrote.

As for the inconsistencies in Hu's testimony, the court said the record 'indicates pervasive problems in translation.'

Thus, the immigration judge's findings were not based on reasonable, substantial evidence, the 2nd Circuit concluded.

It granted Hu's petition for review and remanded.

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17.
6 Mass. boys accused of beating sleeping immigrant
The Associated Press, September 8, 2009
http://www.google.com/hostednews/ap/article/ALeqM5j_uqBg2k-9ED0WpWQ6Cz0Dk_P4_AD9AJFRKG0

Boston (AP) -- Six boys, ages 11 to 14, have been charged with severely beating a Guatemalan immigrant in an attack that civil rights groups are decrying as 'hateful.'

Derrek Shulman, the New England regional director of the Anti-Defamation League, said Tuesday that the beating of Damian Merida is an example of how immigrants are singled out for attacks.

Police say the boys beat 30-year-old Merida in July with bricks, bottles and rocks as he slept near commuter railroad tracks in Lynn. Authorities say the boys targeted Merida because of his ethnicity.

Relatives told the Daily Item of Lynn that Merida had been drinking a lot around the time of the attack. Merida's brother says the attack caused brain damage.

The boys have pleaded not delinquent to civil rights violations and attempted murder charges.

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18.
More than 60 arrested in crime suppression sweeps
By Astrid Galvan and Megan Gordon
The Arizona Republic (Phoenix), September 7, 2009

A two-day crime sweep at a swap meet and surrounding areas in Phoenix netted 61 arrests, according to the Maricopa County Sheriff's Office.

The majority of the arrests occurred Saturday, and 30 of the total were of suspected illegal immigrants, said spokesman Detective Aaron D. Douglas.
. . .
http://www.azcentral.com/community/surprise/articles/2009/09/07/20090907crimesweep0907.html

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19.
Border Patrol arrests criminal aliens
By James Gilbert
The Yuma Sun (AZ), September 8, 2009

U.S. Border Patrol agents assigned to the Yuma Sector arrested two illegal aliens Monday, both of whom had lengthy criminal records.
. . .
http://www.yumasun.com/news/yuma-52663-border-patrol.html

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20.
McAllen woman jailed for child smuggling
By Sergio Chapa
The KGBT News (Harlingen, TX), September 8, 2009

A McAllen woman is behind bars after she allegedly tried to smuggle a 14-year-old girl into the United States over the Labor Day weekend.

U.S. Customs and Border Protection (CBP) officers arrested Gloria Nelly Luna on an illegal immigrant smuggling charge.
. . .
http://www.valleycentral.com/news/story.aspx?id=347439

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21.
British national accused of $100,000 investment fraud scheme
By Stacia Glenn
The Inland Valley Daily Bulletin (Ontario, CA), September 8, 2009

A British national accused of an investment fraud scheme worth at least $100,000 is being jailed at West Valley Detention Center in Rancho Cucamonga.

Adam Al-Muhanna, 21, was booked Monday on suspicion of passing fraudulent checks. Immigration and Customs Enforcement agents have placed an immigration hold on him.
. . .
http://www.dailybulletin.com/news/ci_13294270

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22.
Transient gets 90 days in jail for taking Concord child from home to buy him a meal
The Contra Costa Times (Walnut Creek, CA), September 8, 2009

Concord, CA -- A 35-year-old transient was sentenced Tuesday to 90 days in jail and three years of probation for taking a 4-year-old boy from in front of his home in Concord in July and buying him a meal at a nearby Chinese restaurant.

Jose Camal pleaded no contest in Contra Costa County Superior Court in Martinez Tuesday to one count of child abduction. Superior Court Judge Leslie Landau found him guilty of the charge.

Camal was also ordered not to have contact with children unless an adult is present.

Police testified at a preliminary hearing for Camal that on July 13 the Mexican immigrant took the boy by the hand and walked him to a nearby strip mall to share a meal of chicken and rice.
. . .
http://www.contracostatimes.com/news/ci_13296289

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23.
Authorities rescue 4 near U.S.-Canada border
The Associated Press, September 8, 2009

Oroville, WA (AP) -- Authorities have rescued four people from a remote spot on the U.S.-Canada border after their guide abandoned them.

Okanogan County Sheriff Frank Rogers says the four were thought to be trying to enter the U.S. illegally. They apparently used a cell phone to call for help Sunday.
. . .
http://seattletimes.nwsource.com/html/localnews/2009826269_apwaborderrescue.html

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24.
Feds deport some immigrants arrested at DUI checkpoint
By Kyle Magin
The Sierra Sun (CA), September 8, 2009

Kings Beach, CA -- A handful of illegal immigrants detained last week by federal agents after being arrested near a DUI checkpoint on Lake Tahoe's North Shore have since been deported.

On Tuesday, Virginia Kice, spokeswoman for the federal Immigration and Customs Enforcement agency, said 'several' of the 12 subjects detained at the Friday, Aug. 28, checkpoint in Kings Beach were deported last week to their home countries after being identified as illegals.
. . .
http://www.tahoedailytribune.com/article/20090908/NEWS/909089989/1056/rss06

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