Political Cartoon

Find more immigration political cartoons at http://politicalhumor.about.com/od/immigration/ig/Immigration-Cartoons.

HB 1202 Raises Concerns for Texas Police Forces

Tim Eaton from the American-Statesman reported on Texas Legislature HB 1202 in an article published February 9, 2011. In addition to providing an overview of this pending legislation, if passed would make it a state jail felony to knowingly hire an undocumented immigrant, Eaton highlights significant concerns this bill raises among Texas police forces.

Luis Figueroa of the Mexican American Legal Defense and Education Fund is quoted in the article as he stated, “Police have neither the expertise nor the resources to determine someone’s work status, and officers who might raid a company wouldn’t necessarily know what documents to look for.”

Visit statesman.com to read the complete article: http://www.statesman.com/news/texas-politics/new-bill-targets-employers-who-hire-illegal-immigrants-1244256.html

Similar concerns were voiced by Austin Police Department members in a recent news feature on Austin News, MSNBC:

Reform Immigration for Texas Alliance

The Reform Immigration for Texas Alliance (RITA) is a multi-sector statewide network, organized in support of  comprehensive immigration reform.  RITA’s executive committee includes representatives from immigrant rights coalitions from across the state. RITA members support and advocate for immigration legislation that would:

- Provide a pathway to citizenship

- Keep families together

- Respect  human and civil rights

- Foster community security

- Establish a responsible and accountable border policy

- Support immigrants’ integration

- Develop a practical system for future workers

- Address the root causes of migration

Visit the RITA webpage to read more about each specific area of immigration reform they support.

Localization of Immigration Policy?

American University School of Law releases a scholarly publication called The Modern American. A recent article, “Insecure Communities: How Increased Localization of Immigration Enforcement under President Obama through the Secure Communities Program Makes Us Less Safe, and May Violate the Constitution,” (Volume 6, Issue 2) attempts to outline the current national political debate surrounding the localization of immigration enforcement. In the article, written by Rachel Zoghlin, the Secure Communities strategy is introduced as a case study to outline the effects increased localization of immigration enforcement can have on a community. Originating in Virginia, this program has expanded and as of September 2010, was activated in thirty-two states. The author highlights both the strengths and weaknesses of Secure Communities Program in relation to immigrant rights.

The Supremacy Clause (Article VI, clause 2) of the U.S. Constitution has been frequently invoked to give federal government exclusive jurisdiction over immigration matters. In spite of this federal jurisdiction, much has been done to equip local police forces with the tools necessary to facilitate and enforce federal immigration policy.  The Secure communities initiative falls under the umbrella of an established program called ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) which was created by ICE’s Office of State and Local Coordination in 2007.

In 2002, Attorney General Ashcroft made a significant statement in a memorandum, that local officers have “inherent authority” to make immigration arrests based on violation of civil immigration laws. This non-official language (never has been written into federal regulation) has been a major tool for many local law enforcement agencies who have since been working to justify their roles as immigration enforcers.

Secure Communities is viewed to take localization to a new level. Local police officers who are not trained by federal immigration enforcement officers, are authorized to send the fingerprints of any charged (but not yet convicted) individual to ICE. Although this program, as indicated by its name is intended to keep communities safe from high level criminal offenders, 2009 data shows that of the 111,000 aliens identified and detained, 10% were convicted of the lowest level offenses (see article for description of levels). 90% identified through the program were deemed as not having a threat to their communities. Half of those currently detained have no criminal convictions at all.

Problems of Secure Communities programs include:

- Prominent Racial Profiling

- Chilling Effect on Latino/a Communities

- Lack of Oversight and Accountability

- Potential Infringement of Constitutional Rights and Denial of Due Process

Various Supreme Court rulings have granted immigrants some constitutional rights.  However, as laws largely recognize immigration status as a voluntary condition, the potential discrimination in question as a result of programs such as Secure Communities, must be examined further in order to deem it unconstitutional. However, as this article points out, one could argue that the immigration status of many undocumented immigrants is in fact involuntary.

The article concludes with the argument that federal-local collaborations are not the answer- but rather comprehensive immigration reform that considers “why” individuals come to the U.S. illegally.  As cited from Migration Policy Institute, “Our immigration laws provide inadequate legal avenues to enter the United States for employment purposes at levels that our economy demands.”

Read the Article in full here: http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1135&context=tma&sei-redir=1#search=%22arizona-style+immigration+legislation%22

House Bill 17

House Bill 17 (HB 17) was filed November 8, 2010 by Representative Debbie Riddle and had a hearing on Tuesday April 19, 2011. It is currently pending in committee. If passed, the bill would take effect September 1, 2011.


HB 17 involves identifying and removing undocumented immigrants during police stops if the police officer has probable cause to believe the suspect is without legal documentation. The full text of the page long house bill can be found here: House Bill 17.


This Arizona-style immigration enforcement bill would allow police officers to violate Federal law and encourage racial profiling of Hispanics. Police officers would be allowed to question suspects about their immigration based on subjective “reasonable suspicion” that the suspect does not have legal documentation. This bill would not protect legal immigrants who are either awaiting court hearings or H-1B visa holders awaiting extensions to their visa.


HB 17 would make it a Class B Misdemeanor to be in Texas without legal documents, punishable by jail time up to 180 days and a fine of up to $2,000.00. HB 17 is unconstitutional, since states are not permitted to establish their own independent immigration policies or obstruct federal immigration law.

The Economic Impact of Local Immigration Regulation

In the Cardoza Law Review, an article entitled: “The Economic Impact of Local Immigration Regulation: An Empirical Analysis," by Huyen Pham and Pham Hoang Van discusses the economic impact of anti-immigration laws.

The anti-immigration laws were of many different forms such as those requiring police enforcement of federal immigration laws, those restricting housing and employment to legal immigration status, and those restricting government transactions to English only.

Based on statistics from the U.S. Census Bureau, such enacted laws resulted in a 1 to 2% drop in employment and a payroll drop between .8 and 1.9%. These laws also hurt specific industries such as grocery and liquor stores.

The article concludes that local immigration regulation should be based on empirical evidence of the law’s effects. Emphasis on economic costs for enforcement of laws and the effects anti-immigration laws have on employment should be taken into consideration.

View the full journal article here: http://web.ebscohost.com.ezproxy.lib.utexas.edu/ehost/pdfviewer/pdfviewer?sid=bf5920e4-3bb8-4f2a-9844-41f9d8834c32%40sessionmgr114&vid=6&hid=123

Immigration Reform- What does the Center for Public Policy Priorities have to say?

In a policy page released to the public in April, 2010, the Center for Public Policy Priorities (CPPP) makes it clear that immigration reform is imperative, however from their position, an approach to reform similar to Arizona’s model is the wrong way to go. This policy institute promotes responsible, common-sense action.

This common sense approach advocates for reform that “Bolsters, not undermines the contributions that immigrants make to our economy; Improves labor standards and increases wages for all workers; Enhances our national security and safety; and Respects human rights.”

CPPP argues that the current immigration system does not reflect the need for immigrants in the U.S. labor market, nor the net positive contributions that immigrants provide for the U.S. economy. CPPP is in general agreement with an approach to immigration policy proposed by Texas Employers for Immigration Reform (TEIR).  Under this approach to managing immigration, a market-driven system is supported, where temporary immigrant workers, combined with clear, sensible enforcement, disincentives for illegal immigration, enhanced border security, and a path to legal status for undocumented workers currently in the U.S. are the key ingredients.

The CPPP’s position on immigration reform stems from its work and advocacy in six major areas of public policy:

- Economic Opportunity

- Quality Affordable Health Insurance

- Basic Needs

- Child Well-being and Child Protection

- Effective Public Administration

- Fair and Adequate Taxation

Visit the CPPP webpage for more information about the institute’s stance on other public policy issues in Texas.  

Unauthorized Immigrant Population: National and State Trends, 2010

The Pew Hispanic Center (PHC) released the annual report, “Unauthorized Immigrant Population: National and State Trends, 2010” in February 2011.  The report highlights demographic estimates and trends of the unauthorized immigrant population as well as the unauthorized labor force, both nationally and on the individual state levels.

The estimate for unauthorized immigrants living in the United States was reported as 11.2 million for 2010. This is more than triple the estimate for 1990 (3.5 million). While unauthorized immigration flows have decreased in some states, PHC reports a statistically significant increase in Texas from approximately 1.5 million in 2007 to 1.8 million in 2010. Texas has the second largest population of unauthorized immigrants in the U.S.

According the Pew Research Center website, The Pew Hispanic Center is part of a nonpartisan “fact tank” based in Washington, D.C. that seeks to improve the public understanding of the diverse Hispanic population in the U.S. and to track Latino’s growing impact on the nation. All of the center’s reports are available at www.pewhispanic.org

House Bill 1202

On Tuesday, March 1, 2011 HR Debbie Riddle read for the first time, House Bill 1202, to State Affairs of the Legislature of the State of Texas. The bill relates to, “The creation of the offense of employing or contracting with an unauthorized alien.”

According to the text of the bill, “A person commits an offense if the person intentionally, knowingly, or recklessly: (1) employs an unauthorized alien; (2) contracts for the performance of labor or other work with an unauthorized alien or; (3) contracts or subcontracts for the performance of labor or other work with another person the actor knows will employ or contract with an unauthorized alien to perform labor or other work under the contract or subcontract.”

If passed, this act will be effective September 1, 2011. As of 04/13/2011 the bill has been left pending in the House.

To employers in Texas, you’ll be out of luck accessing cheap, under-the-table labor, if this bill passes (or so it would appear). However there is an exception for those who employ an unauthorized immigrant to perform work, “Exclusively or primarily at a single-family residence”.  Basically the maids and nannies are safe!

Bravo Texas for making some efforts to start holding employers more accountable.  But is Texas really prepared to cut off an estimated 9% of their workforce?

Bill Tracking

Want to view a comprehensive list of the current bills dealing with immigration issues in the 82(R) Texas Legislative Session? The Texas Impact website offers a great resource that allows you to sort legislation by issue: http://texasimpact.org/bill-tracker

Texas Impact is a religious statewide grassroots network of advocates and educators. Established in 1973, this network is comprised of individuals, congregations and governing bodies of the Christian, Jewish and Islamic faiths.

Texas Public Policy Foundation on Immigration Policy

The Texas Public Policy Foundation (TPPF) is a 501(c)3 non profit, non-partisan research institute. The Foundation’s mission is to “ promote and defend liberty, personal responsibility, and free enterprise in Texas and the nation by educating and affecting policymakers and the Texas public policy debate with academically sound research and outreach” (TPPF ).

On September 29, 2008, TPPF released an informative report on Immigration in Texas by Bill Peacock and Andrew Liu. Five talking points in the report include: 1) Why do People Immigrate, 2) Immigration, Citizenship, and Document Fraud, 3) Immigration and Welfare, 4) Immigration and the Economy, and 5) Immigration and Border Security. The report argues that immigration will continue as long as the quality of life in the United States exceeds that of other countries and if our welfare programs are not reformed. The report can be read here: http://www.texaspolicy.com/pdf/2008-II-Immigration-final.pdf.

On September 2009, TPPF released a report on the Burden of Immigration Laws on Businesses by Marc Levin. The report discusses the importance of distinguishing the difference between criminal and civil violations involving hiring immigrants. The report made the following suggestions: not prosecuting business owners and landlords who were unaware of immigration status, not have employers face racketeering lawsuits for having hired illegal immigrants, refraining from enacting immigration laws that go beyond federal law, raising the cap on visas for highly skilled workers, and outsourcing guest worker programs to private contractors. The report can be read here: http://www.texaspolicy.com/pdf/2009-09-PP23-immigration-ml.pdf.

Texas Lawmakers Prepare for Sanctuary City Battle

Julian Aguilar from The Texas Tribune reported on HB 12 in an article published on March 30, 2011.

HB 12 by Carrolton Republican Burt Solomons has advanced the furthest of all the immigration bills making it out of the State Affairs Committee. This bill would prohibit cities, counties, and other governmental entities from adopting a policy that prevents law enforcement from asking about a person’s immigration statues.

Governor Perry has stated he wants law enforcement to have the option to inquire about immigration status. He claims this is different from mandating inquiring immigration status, since it only gives law enforcement the power to “use discretion.”

The article suggests this bill would cost local governments, because more personnel and more jail space would be needed.

The original bill included school district employees, which led Democrats to protest how the policy would affect education. Under both state and federal constitutions schools must educate students regardless of their status. The modified bill excludes school district, charter school, and junior college employees, except for campus police.

The article can be found here: http://www.texastribune.org/texas-legislature/82nd-legislative-session/texas-lawmakers-prepare-for-sanctuary-city-battle/.

"Si Se Puede"- Cesar Chavez March

 

On March 27, 2011, the 10th annual Cesar Chavez march took place in downtown Austin, TX. The event was organized by PODER (People Organized in Defense of Earth’s Resources), along with several social justice and student groups including the Hispanic Student Association of St. Edward’s University and Austin Immigrant Rights Coalition. The march began at the Terrazas Library on E. Cesar Chavez Street and ended at the Austin City Hall. There were hundreds in attendance, consisting of a mix of students, young children and adults. 

Although the march was led in honor and remembrance of Cesar Chavez, other current issues were addressed including immigrant and refugee rights, human rights, as well as House Bills 505 and 1202.  I parked my car at the Capitol Building and walked down South Congress to meet the group at Cesar Chavez and Nueces. Protesters carried signs that read, “Si, Se Puede”- a famous cheer of Cesar Chavez during his historical demonstrations for civil rights and worker’s rights in Texas and throughout the U.S. After about 1.5 miles of marching, with police escort and all- the group arrived to the Capitol steps where representatives from the sponsoring agencies spoke. There was also a presentation of Mexican folk dance and a musical performances.

Legislation discussed at the event included HB 505 which proposes to do away with the state holiday commemorating Cesar Chavez birthday as well as HB 1202 which seeks to make it a crime punishable of up to $10,000 and/or imprisonment for knowingly employing an undocumented immigrant in TX. Students also spoke out in support of the DREAM ACT. Personal student testimonies spoke against the detention of immigrant students and their lack of access to higher education in the U.S.  The message of the day-- speak up! Call your legislators! I was so impressed and moved by the power in each speaker’s presentation at the Capitol. I was empowered with new knowledge and had the opportunity to put faces to names for some of the main leaders nonprofit organizations associated with immigrant rights here in Austin. The event appeared to be extremely well organized. There were designated event leaders in Cesar Chavez shirts who directed crowds and passed out water and snacks. This event was a true testament of the voice PODER has established in the Austin community. 

Political Cartoons

Find more immigration political cartoons at http://politicalhumor.about.com/od/immigration/ig/Immigration-Cartoons

Social Work Advocacy Day

Social workers across the state convened at the State Capitol on Thursday to advocate for policies on behalf of the social work profession and their clients. The schedule of the day included an orientation meeting with a packet that included bills for which to advocate, information to give to Representatives, and a schedule of whom to meet with and where to find them. Social work proclamations then occurred in House and Senate chambers, and the day concluded with a social work rally on the south steps of the Texas Capitol.

The following policy issues specific to social workers included:

1. Establish pay levels of entry-level baccalaureate social workers (BSWs) that are comparable to entry-level baccalaureate teacher pay levels.

2. Create a social worker loan repayment program (possibly funded by tobacco settlement funds).

3. Establish a Social Work Center for Work force Studies (possibly funded by a surcharge on social work licensing fees).

4. Fund research at Texas Schools of Social Work.

5. Include social workers as providers of any and all services for which they are trained (assessment, diagnosis, treatment, testimony in court proceedings).

6. Raise the classification level of social work positions in state government.*

7. Work with our partners and coalitions to ensure appropriate funding for social service programs in the state budget.*

8. Hire licensed professionals (including social workers) in state agencies and nonprofits.*

9. Give preference in hiring to and employ effective retention strategies for social workers in Protective Services entry-level positions.*

10. Enact liability protections for social workers who serve as volunteers during a disaster and exempt social workers from being licensed as private investigators when performing the work of a mitigation specialist.*

List of Priority Bills

http://www.naswtx.org/associations/8710/files/2011%20Bill%20list.pdf

 
List of All Tracked Bills

http://www.naswtx.org/associations/8710/files/2011%20Track%20list.pdf

( NASW Texas Chapter)

Texas Turning Blue

The Washington Post reported today that nearly half of all Texans under 18 (48%) are Latino. These numbers represent a steadily increasing percentage of Latinos in Texas. As the Census Bureau figures show, Texas has joined the ranks as a majority minority state.

Latinos, who overwhelmingly vote Democratic, pose as a threat for Republicans, with the potential to turn things blue in Texas. What is the Republican response to this demographic shift? Op-Ed Columnist Harold Meyerson argues, “Republicans have elected to become increasingly white.”

In light of the recent political moves in Nevada, California and Colorado last fall to embrace restrictive polices similar to Arizona’s identification law, it would appear Republicans are embracing an anti-immigrant stance.

Last month, Texan anti-immigrant activists asked Texas to consider allowing districts with a disproportionate number of undocumented residents, be made larger than others to account for non-citizens. As Meyerson argues, this would  result in fewer Latino-majority and fewer democratic-majority districts.  

Are Republicans so desperate to keep their Texan electoral college cornerstone red, that they are willing to base success upon a continued stir of hostility towards minority representation?

Visit: http://www.washingtonpost.com/wp-dyn/content/article/2011/03/01/AR2011030105589.html to read the entire article.

March to the State Capitol

On Tuesday, February 22, 2011, hundreds of protestors met at Waterloo Park and marched to the South Steps of the State Capitol for a day of action for immigrant integration and community security. Protesters came from all across Texas to rally against what they consider as the anti-immigrant agenda in the State Legislature.

The protestors emphasized three points: 1) Proposed state legislation on immigration will impose unsustainable costs on state and municipal governments; 2) our families are safe and secure because our diverse communities trust local law enforcement; and 3) Texas must blaze its own path, not Arizona’s. Protesters were seeking to promote the security of all Texas families as well as the dignity and rights of immigrant families.

According to The Reform Immigration for Texas Alliance (RITA), approximately 60 anti-immigrant proposals have been filed by Texas legislators. These include criminalizing of immigrant families and workers in Texas, having local law enforcement enforce federal immigration laws, and necessitating school officials to report undocumented students and refuse birth certificates to children born in Texas to undocumented parents. Protest participants attended from various cities in Texas: Austin, El Paso, Dallas, Ft. Worth, College Station, Houston, Laredo, Lubbock, San Antonio, and the Rio Grande Valley.

There was a sense of excitement in the air as we headed to the capital chanting in English and Spanish phrases such as “education not deportation,” “ si se puede!” and “Perry, eschucha. Estamos en la lucha!” As we marched on, construction workers cheered and smiled at us, some taking our picture on their telephones as we marched in high spirits toward the steps of the capitol.

photo courtesy of Sophie Hedrick

photo courtesy of Sophie Hedrick

photo courtesy of Ashley Wray

photo courtesy of Sophie Hedrick

photo courtesy of Sophie Hedrick

Texas immigration bills mirror Arizona’s law

Houston news KHOU reported that the top three issues in the Texas 82^nd legislative session are the state budget, redistricting, and immigration. At least 25 bills involving immigration have been filed, dealing with such issues as law enforcement, voter ID, health care, and employment.

There are some parallels to Arizona law including making it illegal not to carry immigration documents and law enforcement having the power to detain anyone they suspect with illegal immigrant status.

State Representative Jessica Farrar, D-Houston, filed a bill, which would exempt victims or witnesses from being asked about their immigration status.

State Rep. Jim Jackon, R-Carrollton, filed a bill that would require all employers to verify their employees’ immigration status through an “E-verify” program.

"Immigration bills at a glance include the following:


• SB 126, HB 623, SB 259, HB 311, HB 183



Five bills have been filed that would require law enforcement agencies to check immigration status and report any immigration violations to the federal Immigration and Customs Enforcement.


• HB 623 would also make English the state’s official language.



• SB 124, HB 302, HB 113



Three bills filed would establish a $10,000 civil penalty for law officers who don’t report immigration violations to the federal government.



• HB 655



This bill limits eligibility for indigent health care to "sponsored aliens," i.e., those in the country legally on a permanent basis.

• HB 603



This bill would exempt victims and witnesses of a crime from immigration checks.


• HB 177



This bill would require employment eligibility to receive a driver’s license or identification.



• HB 601, HB 178, HB 140



Three bills require employers to use the E-verify system to check employees’ immigration status. HB 601 and HB 140 address state contractors. HB 170 requires government entities to use the federal program, and requires any employee responsible for failing to check an applicant’s immigration status to be fired."

Read full article here: http://www.khou.com/news/Texas-immigration-bills-mirror-Arizonas-law-116310524.html

Perry "Sanctuary Cities" Focus Offers Political Cover

On January 17, 2011, Ross Ramsey reported in The Texas Tribune that Governor Rick Perry had proclaimed sanctuary cities as an “emergency item” for the Texas Legislature. For the first 60 days of the 140-day session lawmakers cannot deliberate bills unless they are stated as emergencies.

Sanctuary cities are cities that do not allow police to enforce federal immigration laws. Perry states he is going to make it illegal for sanctuary cities to exist in Texas.

Read the full article here: http://www.texastribune.org/immigration-in-texas/immigration/perry-sanctuary-cities-focus-offers-political-cove/

Perry "Sanctuary Cities" Focus Offers Political Cover

On January 17, 2011, Ross Ramsey reported in The Texas Tribune that Governor Rick Perry had proclaimed sanctuary cities as an “emergency item” for the Texas Legislature. For the first 60 days of the 140-day session lawmakers cannot deliberate bills unless they are stated as emergencies.

Sanctuary cities are cities that do not allow police to enforce federal immigration laws. Perry states he is going to make it illegal for sanctuary cities to exist in Texas.

Read the full article here: http://www.texastribune.org/immigration-in-texas/immigration/perry-sanctuary-cities-focus-offers-political-cove/