Wednesday, October 16, 2013

In immigration news: California's new laws, the immigrant detention 'bed mandate,' diversity and TV ratings, more

In immigration news: California's new laws, the immigrant detention 'bed mandate,' diversity and TV ratings, more

In immigration news: California's new laws, the immigrant detention 'bed mandate,' diversity and TV ratings, more

Mayor Garcetti And Gov. Brown Sign Bill Allowing Illegal Immigrants Driver's License Eligibility

Kevork Djansezian/Getty Images

California Gov. Jerry Brown (C) signs bill AB 60 as Democratic State Senator Kevin de Leon (2nd L), state assemblyman Luis Alejo (L) and councilman Gil Cedillo (3rd L) watch on the steps of Los Angeles City Hall. The bill allows unauthorized immigrants to apply for a permit to legally drive in California.
Immigration bills benefited from a more engaged Gov. Brown - Los Angeles Times More on how California Gov. Jerry Brown shifted course this year on immigration-related bills, signing a long list of them when just a year ago he vetoed a key immigration proposal. From the story: "...with the fiscal crisis behind him, legislators describe the governor as more approachable and engaged. Instead of being handed off to his staffers, they hashed out differences with him face to face."
Controversial quota drives immigration detention boom - Washington Post On the so-called “bed mandate,” a congressional directive that requires U.S. Immigration and Customs Enforcement to fill an average of 34,000 detainee beds in immigrant detention centers per day. Established in 2006, the quota has risen steadily, even as illegal immigration has fallen off.
States back off from enacting immigration laws - Los Angeles Times While California's governor recently signed a list immigration-related laws, other states are holding back, as outlined in a recent report: "It's a far cry from 2011, when states enacted 162 immigration laws, many following Arizona's controversial SB 1070...This year, 146 immigration laws have been enacted in 43 states and the District of Columbia."
Northern Colorado immigrants still without homes after the flood - Denver Post More than 300 immigrants lost trailer homes and apartments in the flooding that struck Colorado last month. Many are still "living in warehouses, churches or hotels or are crammed into the spare rooms of friends and relatives because there are so few rentals available. The flood ruined their vehicles, so they have difficulty getting to jobs."
Diversity on TV may be good for the ratings - Southern California Public Radio A UCLA study "looked at 67 scripted shows on cable and broadcast television during the 2011-2012 television season, and found that shows with larger minority casts posted above-average ratings." But non-white performers account for only 15 percent of lead roles on cable television, and 11 percent of those on broadcast shows.

Monday, October 7, 2013

Gov. Brown signs law to limit immigrant detentions

Gov. Brown signs law to limit immigrant detentions

Gov. Brown signs law to limit immigrant detentions

Updated 9:06 pm, Saturday, October 5, 2013
  • Thousands of supporters of an immigration overhaul demonstrate in Minneapolis, one of more than 150 rallies held nationwide. Photo: Jenn Ackerman, New York Times
    Thousands of supporters of an immigration overhaul demonstrate in Minneapolis, one of more than 150 rallies held nationwide. Photo: Jenn Ackerman, New York Times

Gov. Jerry Brown on Saturday signed a measure barring state and local law enforcement agencies from detaining undocumented residents solely because of their immigration status. The bill mirrors a similar measure passed last month by the San Francisco Board of Supervisors.
The new bill, AB4 by San Francisco Assemblyman Tom Ammiano, was one of a handful of measures Brown signed Saturday that change the way the state deals with immigration issues. Earlier last week, he also approved a bill allowing undocumented residents to get a California driver's license.
"While Washington waffles on immigration, California's forging ahead," Brown said in a statement.
The governor vetoed a version of Ammiano's Trust Act last year, saying that it didn't allow police the discretion to hold people with a record of serious crimes for possible deportation. The new bill provides a long list of serious felonies that could keep people in custody on an immigration hold.
"The tide is turning," said Pablo Alvarado, executive director of the National Day Laborer Organizing Network, one of the organizations backing the measure. "California's historic legislation marks a shift of the pendulum away from the criminalization of immigrants and against the idea that police should have any role in immigration enforcement."
The federal Secure Communities program asks sheriffs to detain immigrants in the country unlawfully, but who are otherwise cleared for release, until federal authorities can pick them up for possible deportation.
The new bill garnered support, in part, because many undocumented residents are fearful of speaking with authorities, even when they witnessed or were the victim of a crime. The federal program was causing situations where they would call 911 to report violent crimes, only to be detained themselves.
Supporters of immigration reform held up those cases as reason California needed to withdraw from the federal program. Connecticut passed a similar law this year, and myriad cities and counties, including Santa Clara, already bar local police from cooperating with the holds.
That prohibition will now be statewide, going into effect Jan. 1.
"The Trust Act means that, at least in California, immigration removals will focus on serious criminals," said Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund.
Some 10 million immigrants call California home, about a quarter of the nation's foreign-born population. Since 2008, the Golden State has accounted for about 35 percent of the 280,000 deportations made under Secure Communities.
On Saturday, supporters marched at more than 150 sites across at least 40 states in rallies nationwide to push for congressional action on immigration reform.
Another measure Brown put into law allows immigrants in California unlawfully to be admitted as attorneys at law. Last year, Sergio Garcia made headlines when he passed the bar exam only to be suspended from practicing law a few weeks later on account of his immigration status.
Assemblyman Kevin Mullin, D-South San Francisco, put forth a measure which Brown signed that says threatening to report an undocumented resident to authorities can be the basis for an extortion charge.
Caleb Garling is a San Francisco Chronicle staff writer. E-mail: cgarling@sfchronicle.com

Tuesday, October 1, 2013

Majority of Detained Immigrants Have No Criminal Convictions - COLORLINES

Majority of Detained Immigrants Have No Criminal Convictions - COLORLINES

Majority of Detained Immigrants Have No Criminal Convictions

Immigrant detainees walk through the Immigration and Customs Enforcement (ICE), detention facility on February 28, 2013 in Florence, Arizona. Photo: Getty Images/John Moore



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A report released today by TRAC Immigration shows that only one in 10 immigrants currently being detained by Immigration and Customs Enforcement (ICE) meet the criteria of posing a serious threat to national security.  ICE issued new guidelines in December requiring officials to reserve immigrant detainers for those convicted of serious criminal offenses, and new data collected six months later seems to show ICE is not honoring that directive.
Among those in detention as of June 2013, 62 percent have no criminal convictions, and most others have been convicted of minor criminal offenses such as traffic violations and marijuana possession. As the government shutdown looms over the possibility of immigration reform this year, the findings of this report highlight a critical area of failed policy that keeps people behind bars.

Friday, September 27, 2013

Congress's Illegal-Immigration Detention Quota Costs $2 Billion a Year

Congress's Illegal-Immigration Detention Quota Costs $2 Billion a Year

Congress's Illegal-Immigration Detention Quota Costs $2 Billion a Year


Eloy, Ariz.
Photograph by Spencer Lowell
Eloy, Ariz.
Noemi Romero, 21, was arrested on a charge of criminal impersonation while working at a Phoenix grocery store in January. Because she was in the country illegally, she’d used someone else’s name to get the job. Romero came to the U.S. at age 3 and says she had hoped to earn enough to pay the $465 application fee for amnesty under a 2012 Obama administration program for people brought to the U.S. as children.
She ended up in a 1,596-bed immigrant detention center in Eloy, Ariz., run by Corrections Corp. of America (CXW) under a contract with U.S. Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security. Romero spent almost two months in the prison while ICE initiated deportation proceedings against her. She has been released and says the case against her has been dropped.
Despite the Obama administration’s policy of leniency toward some immigrants, a decline in illegal border crossings, and Republican pressure to cut the federal budget, ICE is locking up and deporting more illegal immigrants than ever before—and spending more money doing it. The reason can be traced to a particular obsession of the late Senator Robert Byrd, a West Virginia Democrat, who once called an immigration reform measure “sheer lunacy.” He inserted into Homeland Security’s 2009 spending bill a requirement that ICE keep a minimum of 33,400 illegal immigrants locked up at all times. The bed mandate, as it is known on Capitol Hill, has helped fuel a 72 percent rise in daily detentions from 2005, when the U.S. gradually began stepping up enforcement in response to Sept. 11. “No other law-enforcement agencies have a quota for the number of people that they must keep in jail,” Representative Ted Deutch, a Florida Democrat, said in June when he proposed an amendment in the House to eliminate the quota from next year’s Homeland Security spending bill. Republicans balked and the amendment failed to pass.
Keeping all those illegal immigrants behind bars costs $120 a day per inmate, or $2 billion a year. Congress has twice rebuffed White House budget requests to cut the quota so ICE can turn to less costly measures, such as ankle bracelets, to keep tabs on the immigrants it’s trying to deport. It’s “artificial,” Janet Napolitano, former secretary of Homeland Security, said at an April hearing. Without the mandate the agency could free low-risk offenders and put them on supervised release to ensure that detainees show up in court for deportation hearings, she said. “We ought to be detaining according to our priorities, according to public-safety threats, level of offense, and the like,” she said. ICE declined to comment for this story.

The bed mandate has been lucrative for prison companies, which hold almost two-thirds of ICE’s detainees. The stock prices of Corrections Corp. and Geo Group (GEO), the two publicly traded companies that dominate the private prison market, have roughly doubled since mid-2010. Last year Corrections Corp. collected $206 million, or 12 percent of its revenue, from ICE contracts; Geo’s ICE contracts accounted for 17 percent, or $255 million, of its 2012 revenue.
There’s an upside for lawmakers too: It gives them a way to show voters they’re getting tough about defending the border and serious about protecting jobs and businesses in their districts. At a March hearing, Representative Tom Marino, a Pennsylvania Republican, complained to former ICE Director John Morton about not getting enough inmates to fill beds in his district’s jails. “Why not take advantage—more advantage—of facilities like this, and particularly in Pike County, who built a whole new facility just to house these individuals?” Marino asked.
ICE has been trying to keep up with Washington’s demands to send illegal aliens back home. In e-mails and memos from April 2012 sent between workers and a former ICE administrator David Venturella, employees were told to divert resources to increase their arrests and deportations because of concerns the agency wasn’t meeting its quotas. The messages, obtained through an open records request, included suggestions to comb through old probation lists for foreigners who’d committed crimes, search driver license databases for aliens, and participate in roadblocks with local police. Venturella, now a Geo executive, referred questions to a company spokesman, who declined to comment.
In late 2011, Congress increased the bed quota to 34,000. The Senate immigration reform bill passed in June would give ICE greater discretion to release detainees who aren’t a risk to the community, but a separate provision Republicans insisted on would likely continue funneling work to private prison companies. It calls for ICE to triple arrests in the Southwest, which could boost jail spending by $1.6 billion over 10 years. “That would drive demand for more beds,” says Kevin Campbell, an industry analyst with Avondale Partners in Nashville. “That’s one of the long-term positives for the industry.”
The bottom line: The U.S. spends $2 billion a year to meet a detention quota set by Congress for illegal immigrants.
Selway is a reporter for Bloomberg News in Washington.
Newkirk is a reporter for Bloomberg News in Atlanta.

Wednesday, September 25, 2013

Judge rules local cops’ queries of immigrants unconstitutional

Judge rules local cops’ queries of immigrants unconstitutional

 Originally published Tuesday, September 17, 2013 at 8:46 PM

Judge rules local cops’ queries of immigrants unconstitutional

A Superior Court judge on Tuesday ruled it’s unconstitutional for local law enforcement to prolong the detention of individuals they’ve stopped to question them about their immigration status.
Seattle Times staff reporter
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In a decision immigration attorneys and advocates are hailing as a civil-liberties victory, a Pierce County Superior Court judge ruled Tuesday that local law-enforcement officials violate the state constitution when they prolong detention of individuals to question them about their immigration status.
Judge Kathryn Nelson issued the ruling in the 2010 case of four Latino immigrants pulled over by two Kitsap County sheriff’s deputies for a broken headlight and suspicion of illegal shellfish harvesting.
Once the four showed a commercial license for their haul and proper identification, the deputies continued to question them over the next hour or so about their immigration status and their country of origin — in violation of their state constitutional rights, the judge said.
Eventually the deputies contacted U.S. Border Patrol officers, who took the four workers — only three of whom were plaintiffs in the lawsuit — to the Northwest Detention Center in Tacoma.
Local law-enforcement officials, Nelson wrote, “do not have the authority to enforce federal immigration law nor prolong a detention to question individuals about their immigration status, citizenship status or country of origin.” The judge said that’s true even if the officers have probable cause to detain the individuals for violating laws the officers are authorized to enforce but for which they do not make an arrest.
A Kitsap County sheriff’s spokesman said he had not seen a copy of the order and could not immediately comment. The city of Seattle and King County have ordinances that prohibit law enforcement and other agencies from asking a person’s immigration status.
And while there’s nothing that prevents other local law enforcement from asking these questions, officers cannot detain the person to do so.
At the same time, if the person was already arrested on suspicion of DUI, for example, nothing prevents officers from asking about their immigration status.
In other words, “A cop can’t pull someone over for speeding and then go on a fishing expedition to determine whether they filed their taxes last year,” said Matt Adams, staff attorney for the Northwest Immigrant Rights Project (NWIRP) which brought the lawsuit along with the ACLU of Washington and the law firm of Stoel Rives.
Adams said such stops that morph into immigration interrogations are not uncommon in certain parts of the state. In fact, they’ve become common enough, the organizations sued Kitsap County to try to bring clarity on this issue and plan to ensure that law-enforcement agencies are aware of the Tuesday’s decision.
“There’s a scattering of counties where local law enforcement spend time and resources butting into an area of the law they are not authorized,” he said.
“There’s nothing that prevents them from sharing information with the feds, but they are not authorized to stop and hold someone while either they investigate them or call up their buddies from the federal government to do their own investigation.”
The incident at the center of this case dates to February 2010, when the deputies saw three men and a woman harvesting oysters on the Kitsap Peninsula.
In an incident report, they said they observed the four speaking fluent Spanish and later described them as “appearing to be Hispanic.”
As the four left the beach, the deputies followed their truck and pulled them over to investigate a defective headlight they’d spotted earlier, and to check their shellfish license.
After the four provided the paperwork, the deputies began questioning them about the country they were from and their immigration and citizenship status.
One man said none of them were U.S. citizens. The other three said they were in the process of obtaining green cards.
The deputies called the Border Patrol, which took the four into custody.
Adams said NWIRP got the three released from detention and the immigration proceedings against them terminated.
“Then,” he said, “we decided to see if we could address the bigger problem here.”
Lornet Turnbull: 206-464-2420 or lturnbull@seattletimes.com. On Twitter @turnbullL.

Wednesday, September 18, 2013

Solitary in detention



A look at immigrants who were held in solitary confinement while in immigration detention. By Catherine Rentz, the Investigative Reporting Workshop at American University.