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IMMIGRATION REFORM UPDATES 2007

- LATEST UPDATE:  3/21/2008:  Don't let the SAVE Act become law!
- 12/20/2007:  Travelers, Be Aware of New Requirements
- 11/2/2007:  DREAM Act Update, REAL-ID Jeopardizes Safety and Privacy
- Update 9/4/2007
- Update 8/13/2007
- Update 8/11/2007: Victory Against Local Ordinance
- Hate Free Zone's position
- Word from around the Country
- Immigration Reform Action Center
- Archived Updates 2007

LATEST UPDATE:  3/21/2008:  Don't let the SAVE Act become law!  A number of anti-immigrant bills are moving forward in Congress, and we need your action to make sure they don't become law! The biggest threat right now is the SAVE Act (Secure America with Verification Enforcement) (HR 4088), which proposes many harmful enforcement actions but no real solution for our broken immigration system.

The SAVE Act would force local police officers and the Social Security Administration into being federal immigration enforcers; would require ALL employers in the US to check their workers against a flawed database and take action against those who fail the check, even by mistake; and would increase the capacity of our expensive and harsh detention system. Other bills would make English the national language, repeal language assistance in certain government services, and increase local law enforcement of federal immigration laws.

Now, through a maneuver called a "discharge petition," the anti-immigrant lobby is trying to force lawmakers into a difficult choice: vote for SAVE and alienate immigrant voters or vote against it and be painted as soft on immigration. Currently, among Washington lawmakers, Rep. Brian Baird (D-3) has signed on as a co-sponsor of the SAVE Act, while Rep. Dave Reichert (R-8) has signed onto the discharge petition.

Don't let lawmakers be forced into this lose-lose choice! Contact your lawmakers and tell them not to sign the discharge petition.
(More Info)

12/20/2007:  Travelers, Be Aware of New Requirements:  Our friends and community members planning to travel abroad should be aware that the U.S. government is implementing new travel requirements under the Western Hemisphere Travel Initiative (WHTI) as of January 31st, 2008.

After that date, the U.S. government will require all adult citizens entering the U.S. through a land or sea border to present proof of citizenship in order to enter.  Travelers will no longer be able to simply declare to the government officer that they are citizens.

These new requirements will apply to U.S. and Canadian citizens entering the U.S. through a land or sea border—remember that different, more stringent rules already apply to air travel, and to citizens of other countries. Entry requirements for non-citizens of the U.S. or Canada will not be affected by these changes, nor will people who use NEXUS and other border-crossing cards.

A range of documents will work for entry after the effective date of these requirements. In general, if you do not have a passport, you will need a government-issued photo ID, such as a driver's license, along with proof of citizenship, such as a birth certificate or naturalization certificate. Children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate.

To avoid problems crossing the border, it is important for travelers to read the full set of requirements. You can find more specific info about the new requirements at this Customs and Border Patrol website:  www.cbp.gov/xp/cgov/travel/vacation/ready_set_go

If you are eligible, you may also wish to obtain a U.S. passport—however, that process can take 4-6 weeks, so get your application started early! You can find information about getting a passport here: www.travel.state.gov.

We wish you all safe travels!

11/2/2007:  DREAM Act Update, REAL-ID Jeopardizes Safety and Privacy

DREAM Act Update:  As we have discussed in previous updates, prospects for passing a comprehensive immigration reform bill on the federal level this year or next are slim, for a variety of reasons. Following the bruising fight over the immigration reform bill earlier this year, most lawmakers are either attempting to use the immigration issue to rile up their conservative bases, or are trying to steer clear of it entirely because they believe it is a political “lightning rod” (in the words of Democratic Congressman Rahm Emanuel).

With the above as political context, there was an effort last week to pass the DREAM Act as a stand-alone bill. If enacted, the DREAM Act would have provided legal status to undocumented individuals brought to the U.S. at least five years ago as children, who have grown up here, and who have remained in school and out of trouble. Those individuals would be eligible for a green card after graduating from high school, provided that they go to college or serve in the military for a set amount of time. The DREAM Act targets a unique set of individuals in that the beneficiaries had no say in the decision to come to this country. Yet they have grown up, for all intents and purposes, as Americans—honor students, valedictorians, and athletes, with all of the hopes and aspirations which all young people harbor.

The DREAM Act—perhaps the single immigration reform provision that has the most bipartisan support—shaped up as a litmus test for the overall mood of Congress on immigration. Unfortunately, the results were mixed, despite a strong push from immigrant rights groups and their allies. Although a majority of Senators (52) did vote for the DREAM Act, it did not receive the 60 votes it needed to pass. Immigrants and their allies were disappointed in this vote, which represented a serious blow to the dreams of the approximately 65,000 students who graduate from high school in America each year without legal immigration status.

Despite this setback, the fight to pass comprehensive immigration reform will continue, with an eye on the long-term picture. It is also important for us to thank both of our Senators—Patty Murray and Maria Cantwell—for voting for the DREAM Act. As always, anti-immigrant calls to their offices far outweigh the voices of reason. Please take a moment to restore some balance to that debate by calling each of the Senators’ offices at the numbers below and thanking them for their votes.

Senator Patty Murray: (206) 553-5545
Senator Maria Cantwell: (206) 220-6400

REAL-ID Jeopardizes Safety and Privacy:  Many of you may have noticed that the issue of driver’s licenses for immigrants has been in the news lately. This is tied to the implementation of the REAL-ID Act—a federal law passed with no hearings and no debate, as a rider to an emergency spending bill in 2005. The stated purpose of the REAL-ID Act was to boost security in driver’s licenses, but since its passage, it has proven an enormous failure, with harmful consequences both to immigrant communities and to the general public. It has become clear that REAL-ID is really anti-immigrant legislation that should be included in the huge wave of anti-immigrant provisions that restrictionists have introduced into Congress in the last two years—thinly veiled as a security measure.

The Act requires states to issue compliant driver’s licenses by a 2008 deadline, or else risk having their licenses be invalid for federal purposes. One of the conditions of compliance is that the states’ departments of licensing must verify the legal status of applicants for licenses. Not only must applicants present documents proving legal status to the licensing departments, but those departments must then verify the authenticity of those documents with the issuing agency. The Act attempts to set up a nightmarish maze of interlinked databases, with little or no regard to the privacy or security of the personal information of individual applicants.

In addition to the privacy consequences, the Act would stigmatize many millions of undocumented immigrants, who would be unable to get the driver’s licenses they need to continue to live and work in their communities. Those immigrants would most likely be forced to drive without licenses, and would therefore be unable to purchase insurance as well. The consequences for public safety and accountability are predictable.

On the ground, the response to REAL-ID has been underwhelming. States, recognizing the enormous expense involved in implementing REAL-ID, have mostly rejected the law, with seven states barring its implementation and another 10 passing resolutions calling for its repeal by Congress. The Department of Homeland Security has failed to issue regulations implementing the law, and very little funding has been appropriated for it. Privacy, business, and immigrant rights groups have all come out to strongly oppose the legislation.

However, the movement against REAL-ID received a significant setback last week, when Governor Elliott Spitzer of New York retreated from his previous stance and agreed that New York state would comply with REAL-ID. His proposal of issuing “tiers” of driver’s licenses would force millions of undocumented immigrants to get licenses reserved for those without proof of status. This would render those immigrants vulnerable to racial profiling, discrimination, and deportation, and most would likely choose not to get a license rather than risk those consequences.

As of now, Washington is still one of the few states that does not require proof of documented status in order to get a driver’s license. We must all work to keep it that way. Otherwise, we risk the same kinds of consequences we are likely to see in New York state—negative impacts on public safety, privacy and violations of personal data, high costs to states, slower delivery of services through local licensing offices, and perhaps most important, a rise in discrimination and profiling. A tough but fair licensing system of one license for all is a much preferable alternative. We at Hate Free Zone will continue to keep you informed as this issue develops in our state.

UPDATE 9/4/2007:  As we have reported to you in previous action alerts, the federal government in recent months has continued to step up its inhumane enforcement policies. These policies—reflected in the new 26-point enforcement plan recently announced by the Department of Homeland Security—have increased raids, detentions, and deportations that have caused immense human suffering on immigrant communities in Washington state and around the nation. This enforcement separates families, tears apart communities, and violates the human rights of hundreds of thousands of immigrants.

In response, community groups around the country have declared September 12, 2007 to be a day of action and resistance against these inhumane policies.  Contact your lawmakers and tell them you demand:

• An end to inhumane immigration raids until comprehensive immigration reform is passed at the federal level;

• An end to the violations of human rights of the tens of thousands of immigrants in the detention and deportation system;

• The restoration of immigrants’ due process rights, taken away by Congress in 1996; and

• Public recognition that immigrants make vital contributions to the health of our economy and the vibrancy and strength of our communities.

Join our immigrant communities in solidarity!  Thank you for your time and action!

Update 8/13/2007:  Immigration Policy Update: Anti-Immigrant Proposals Introduced Across the U.S. 

After the U.S. Congress failed to pass comprehensive immigration reform this spring, a range of new anti-immigrant legislative and policy initiatives have been introduced at the federal level.  At the same time, many anti-immigrant groups are attempting to fill the void left by Congress, introducing legislation and policies at the state and local levels.  

Hate Free Zone and networks of activist organizations across the United States, are tracking these numerous attempts to increase enforcement, while continuing to advocate for true, comprehensive reform.  Here is the latest:

On the Federal Level:

Congressional legislation: Although the Graham amendment— which, as we notified you in previous action alerts, contained extremely troubling due process and enforcement provisions— was defeated in the House, many more anti-immigrant proposals have been introduced in Congress.  Proponents have attempted to append some of these proposals to unrelated bills. Examples include: legislation encouraging local enforcement of federal immigration law; prohibiting homeownership assistance to the undocumented; and requiring verification of legal status in every quarter for payment of social security benefits for that quarter.

Republican proposals: In addition to these piecemeal proposals, four Republican Senators have introduced an enforcement-only bill similar to the extreme Sensenbrenner bill of 2005, which spurred immigrant communities to march in the streets in 2006.  In addition to many of the Sensenbrenner bill’s problematic provisions around due process, detention, deportation, and judicial review, the bill would also criminalize being out of status, require mandatory detention for many visa overstayers, further expand the aggravated felony definition, require states and localities to share information with federal immigration authorities, and greatly expand enforcement resources.  Sadly, two of the bill’s co-sponsors are John McCain and Lindsey Graham, who were formerly strong advocates for comprehensive immigration reform, but who now appear to have caved in to election-related political pressures.

Democrats’ position: The news from the Democrats is similarly negative.  The Democratic leadership has been unable to agree on an effective strategy to counter these anti-immigrant proposals, and Rahm Emanuel, a leading Democratic Congressman, even made a statement (which he has since softened) suggesting that comprehensive immigration reform could not happen before the second term of a Democratic presidency.  Strong and courageous allies of comprehensive immigration reform at the federal level remain hard to find on either side of the aisle.

Bush Administration: Meanwhile, the Bush administration continues to expand its extreme enforcement policies, attacking immigrant families and communities while doing nothing to fix our broken immigration system.  The latest round of stepped-up enforcement measures, announced by Secretary of Homeland Security Michael Chertoff in early August, is a virtual grab-bag of anti-immigrant measures in a variety of different arenas.  Among the new measures are:

• Stepped-up raids at worksites and in homes, including increases in the number of border patrol and interior enforcement agents.

• Encouraging state and local law enforcement to enforce federal immigration law, through expansion of a program called 287(g).

• New regulations requiring employers to fire employees on the basis of social security no-match letters, a rule that will likely result in the mass firings of both documented and undocumented workers, the further marginalization of immigrant workers, a rash of lawsuits, and no impact on the underlying problem.

• The expansion of detention capacity by 4,000, to 31,500 detention beds.

• Expanding lists of “gang affiliations” that could render an individual deportable.

•  Curtailing immigrants’ access to a day in court if they accept “voluntary departure,” undermining existing federal court decisions that permit immigrants to have a hearing even though they previously accepted voluntary departure.

On the State and Local Levels:

On the state and local front, anti-immigrant forces are determined to fill the vacuum left by the failure of federal comprehensive immigration reform with their own negative proposals.  For example, through July of this year alone, no fewer than 1404 pieces of immigration-related legislation have been introduced at the state level, and 170 have passed.  Many of these bills are anti-immigrant, including measures requiring proof of legal residence for public benefits and drivers’ licenses, prohibiting employers from hiring undocumented workers, and requiring participation in employment eligibility programs. 

For a comprehensive picture of legislation on immigrants and immigration that the states have enacted in 2007, visit the website of the National Conference on State Legislatures.

On the local level too, there has been a vast expansion in anti-immigrant legislation, including ordinances prohibiting the hiring of undocumented workers, barring landlords from renting to the undocumented, and requiring the impounding of vehicles if the driver has no license or proof of insurance. 

Hate Free Zone will continue to update you about the most significant developments that emerge from this complicated and confusing state of play at the local level.

Update 8/11/2007: Victory Against Local Anti-immigrant Ordinance

Not all the news is bad, however.  A couple of weeks ago, immigrant rights advocates won an important victory when a federal judge struck down an anti-immigrant ordinance in Hazelton, Pennsylvania, in a case that was closely watched around the nation.  That ordinance, adopted in 2006, would have required city renters to obtain residency permits, barred businesses from hiring undocumented workers, and restricted the translation of important documents in languages other than English.  The adoption of the ordinance brought with it a marked increase in racial discrimination against both legal and undocumented immigrants.

The judge found the ordinance unconstitutional for a number of reasons, including the fact that it preempted federal immigration law and it lacked due process protections.  In addition, the ordinance was also found to violate federal civil rights law.  Importantly, the judge reiterated the applicability of the 14^th Amendment to the undocumented, stating that

“persons who enter this country without legal authorization are not stripped immediately of all their rights because of this single act.  The United States Supreme Court has consistently interpreted [the 14th Amendment] to apply to all people present in the United States, whether they were born here, immigrated here through legal means, or violated federal law to enter the country.”

The Hazelton ruling marks an important precedent that will likely result in challenges to similar ordinances in cities and towns across the country.  You can read the full decision on the ACLU website.

Hate Free Zone's position
Read Hate Free Zone's letters to Senators Murray and Cantwell in May of 2007 -- signed by nearly 70 organizations and 40 individuals -- urging them to work towards true comprehensive immigration reform.

Letter to Senator Murray
Letter to Senator Cantwell

UPDATED: Word from around the country

Boston Globe, August 13, 2007
"Half an Immigration Policy"

Washington Post, August 11, 2007
"Bush Moves to Step Up Immigration Enforcement"

Seattle Post-Intelligencer, August 10, 2007
"Employers Brace for Crackdown on Immigrants"

New York Times, August 9, 2007
Editorial: "The Misery Strategy"

Los Angeles Times, August 6, 2007
"State Immigration Laws on the Rise"

Seattle Times, August 3, 2007
"Police Toughening Stand on Illegal Immigrants"

Seattle Times/Associated Press, July 8, 2007
"Immigrants File Suit Over Citizenship Delays"