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United States Immigration News
 New York, August 2009
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U.S. ANNOUNCES CHANGES IN POLICY FOR DETENTION OF IMMIGRANTS

Detention of ImimgrantsWashington, D.C. - On August 6, 2009 the Obama administration announced that it plans to change policies regarding how the country detains immigration violators. Immigration detention centers have been under fire recently, for the mistreatment of detainees as well as providing inadequate medical care. The exact details regarding proposed changes to immigration detention centers are not clear, and it can take up to several years before any changes are in effect. However, details that are known include a plan to offer a centralized authority over immigration detention centers, as well as to offer increased oversight of immigration detention centers, in order to ensure the humane treatment of prisoners as well as adequate medical care. One immediate change announced by the Obama administration is that families will no longer be sent to the T. Don Hutto Residential Center, an immigration detention facility near Austin Texas, which has been subject to lawsuits and claims of inhumane treatment.

IMMIGRATION REFORM HIGHEST PRIORITY FOR HOMELAND SECURITY CHIEF

Immigration ReformMonterey, CA - The Security Secretary of the U.S. Department of Homeland Security, Janet Napolitano, claimed comprehensive immigration reform is a top priority of the Department and will begin drafting legislation on behalf of the Obama administration. Among the changes that Ms. Napolitano has already made include a significant reduction in immigration raids at workplace processing plants, an activity that came into fruition under George W. Bush’s administration. Instead of targeting those that are not eligible to work in the United States, the current administration is placing more emphasis on fining and penalizing the employers who knowingly hire undocumented immigrants. Ms. Napolitano seeks to offer tougher enforcement at U.S. borders and to create more secure driver’s licenses in an effort to prevent terrorist attacks. In addition, under the current DHS administration, deportations of widowed immigrants have been thwarted, and pathways to facilitate easy processing for abused women seeking asylum in the U.S. are being created.

CALIFORNIA SEES DECLINE IN IMMIGRATION

Inmates and Immigration StatusSan Diego, CA - Two recently released studies indicate that immigration to the United States is declining, and the state of California is losing popularity as the destination of choice for most immigrants. More specifically, illegal immigration from Mexico has slowed down, with only 662,000 Mexicans apprehended by Border Patrol in 2008. This is 40 percent less than one of the highest years for apprehension of Mexican immigrants which was 1 million in 2004. Many analysts believe that there are two likely explanations for the decrease in immigration to the U.S. from Mexico. First, fewer Mexicans are trying to enter the U.S. illegally due to the downturn in the U.S. economy. Most immigrants come to the U.S. for jobs, and with fewer employment opportunities available, the desire to immigrate to the United States also decreases. California appears to be losing allure among immigrants to the United States, with Stanislaus County reporting a “leveling off” of its immigrant community. In 2007, 25.8% of the county was made up of illegal and legal immigrants, which is not much of a change from 25% in 2000.

U.S. CITIZENS WRONGLY FACED DEPORTATION

DeportationPhoenix, AZ - According to reports, hundreds of United States citizens have been wrongly detained by Immigration and Customs Enforcement (ICE). Some of these American detainees have even been incorrectly deported. By law, immigration authorities only have jurisdiction over non-American citizens, and American citizens cannot be deported. Legally, once an individual is placed in detention for a suspected immigration violation, the responsibility rests on them to prove their citizenship. However, immigration detainees don’t have certain legal protections that U.S. inmates have such as a right to legal counsel. Furthermore, many of the U.S. citizens who ended up in immigration custody have difficulty proving their citizenship, such as those who were born abroad and acquired custody through an American-born or naturalized parent, or those with mental health problems. In addition, many of the inmates are poor and cannot afford a lawyer. An increasing amount of people have commented how these detentions are unconstitutional. An attorney at San Francisco's Asian Law Caucus states "The constitution is the same that applies to U.S.-born citizens as to naturalized citizens.” When asked about American citizens who end up in immigration deportation, Janet Napolitano, Homeland Security Secretary stated “If there’s an error made, we want to rectify it as soon as possible.”

PROOF OF LEGAL STATUS REQUIRED FOR SOME BUSINESS OWNERS

Green Card RequirementGainesville, GA - In some cities, business owners must prove U.S. Citizenship or lawful permanent resident status before they are able to obtain a business license. These new regulations are the result of advocacy on behalf of some state groups such as the Georgia Municipal Association, which advocates for local governments to require proof of lawful immigration status. The Association cites the Georgia Security and Immigration Compliance Act of 2007, which states that “if you provide a public benefit, the citizenship of the person receiving the benefit needs to be verified.” There has been deliberation over whether a business license is a public benefit; since a “business license” is essentially a tax, but according to the Georgia attorney general “...we want cities to be in compliance with the law, so one of our recommendations was it just may be better to pass the law.”

NATIONAL WORKER ID CARDS EXPECTED TO BE INTRODUCED

Proposed National Worker ID CardWashington, D.C. - A national worker ID card has been proposed to help ensure the work eligibility of employees. With the increased enforcement of employers who knowingly hire illegal workers, the National Worker ID will likely assist employers in remaining legally compliant. The card would contain the individual’s fingerprints and other biometric data, and would essentially be a fraudulent-proof ID so that employers could easily depict workers who are authorized to work in the United States. According to Senator Charles Schumer (D-N.Y) the worker ID card has far-reaching implications: “The ID will make it easy for employers to avoid [hiring] undocumented workers, which will allow for tough sanctions against employers who break the law, which will lead to no jobs being available for illegal immigrants, which will stop illegal immigration." The idea of the national Worker ID card will most likely be presented in the fall of 2009.

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