Weekly Update on Immigration: Posturing on E-verify and Immigration Policies That Bring Shame and Danger to Our Communities

I. Immigrants Bear the Brunt of Political Posturing Yet Again - It is no coincidence that this morning USA Today published an article citing "experts" alleging that undocumented immigrants would obtain jobs from the money provided under the economic stimulus.  It just so happens that the U.S. Senate is considering an omnibus bill today that could extend the electronic verification system known as "E- verify" through September of 2009, or longer (depending on passage of certain amendments).  The absence of data indicates that these "experts" are simply jumping in on the politicking to vent their anti-immigrant views and to try to persuade public opinion to favor renewal of the current e-verify, which has been determined to be ineffective and impractical.  The article cites that "pro-immigrant and business groups" call e-verify dangerous and ineffective, but fails to note that e-verify is also determined as such by legitimate research institutions, government agencies (GAO and Inspector General reports, etc.), Congress, and others.   These "experts" provide no methodology to support their contention that of all the jobs created under the stimulus, 300,000 construction jobs would go to "illegal immigrants."  

Funds go to the construction industry because it's among the hardest hit, not because it employs immigrants.  The numbers used by CIS are from 2005, long before - as reported just a few days ago, also by USA Today - the unemployment rate in the construction industry hit 21.4%, causing layoffs among largely Hispanic workers, thus contributing to the now 10.9% unemployment rate among Latinos.  Leaders of labor groups have openly stated that the construction industry is in a "near depression."  According to the White House estimate of the impact of the stimulus, 18.4% of overall job creation would occur in the construction industry, translating to about 678,000 jobs.  CIS believes that half of these jobs would go to undocumented immigrants, but provides no basis for this. Yes, most construction workers are minorities, but CIS leaps to a very fragile connection between minorities and legal status, given that most Hispanics/Latinos in this country are in fact not "illegals."

Moreover, CIS has no credibility.  As we have discussed before, CIS is a recognized hate group.  Second, it has lost credibility because it's always wrong.  It was wrong about everything from the GOP no longer needing Latino voters to its allegations of the "surge" of immigrants that would "flood" into the U.S. after the 2008 Presidential election. Not only are their assumptions flawed, they even contradict each other.  In July 2008, CIS alleged that a "homeward-bound" exodus of immigrants leaving the U.S. was happening, and a few months later, in October, it argued there would be a "surge" of immigrants that would "flood" the U.S. after the elections.  Neither has occurred.  Clearly, their "research" is full of discretionary "data" and assumptions come up as needed, when needed.

Lastly, CIS has said it itself: it is against both legal and illegal immigration.  Data actually suggests that immigrants (both legal and illegal) contribute to state economies, as indicated by IPC research in several states.

This is yet another example of why Congress and the Administration can't be centrists on the issue of immigration.  As long as Comprehensive Immigration Reform is not enacted,  domestic policy and items like the omnibus will continue to get caught in the crossfire and held up over immigration proxy wars and political posturing.  This demonization of our community has to stop.

II. Immigration Policies That Bring Global Shame on the U.S. and Put Us At Risk - Another ember kindling the hatred against Hispanics is a little-known program called "287(g)," named after the section of immigration law that contains it. The 1996 immigration law ("IIRIRA")brought 287(g) into being, authorizing the federal government to enter into agreements with state and local law enforcement agencies to train local officers to perform functions of an immigration officer.  This week GAO presented testimony before Congress once again pointing out concerns about the inefficiency and dangers in this program, in addition to the fact that it is an unfunded mandate.  GAO concluded that the program lacks key internal controls: guidance on how and when to use the program authority is non-existent or inconsistent, there are no guidelines on how ICE officials are to supervise officers in participating agencies, and there are no performance measures to track and evaluate progress toward meeting the program objectives - probably because GAO also found that program objectives have not
been documented in any materials.  These findings are serious, and the investigation also concluded that 287(g) participation has led to documented violations and racial profiling.  Racial profiling, stopping motorists because they "look illegal" can't be accepted in the America that elected Barack Obama as president - a president that speaks about how we are all one, how we are all our brother's keeper.  

More than a "program," I see 287(g) as a symptom of a larger disease; it is an expression of the disease of hate and demonization of Hispanics that has spread across the country. It is telling that 287(g) came into being in 1996, but the first 287(g) agreement didn't come into being until 2002 - that means that for six years we had undocumented migration, but no one felt it necessary to send police after immigrants.  But all that changed after 9/11.  The desire to seek out and scapegoat immigrants for all our ills took hold as the far right, anti-immigrant talk show hosts and narrative flared.  From 2002-2008, we saw the number of 287(g) agreements balloon to 67, in 29 states. 

Although the GAO did not track the amount of resources a state diverts away from fighting actual crime when it decides to shift its energy to acting as immigration police, there are plenty of other reports documenting the increase in the number of criminal investigations that languish unsolved as police decide to instead stake out U.S. residents or citizens of color to make sure they're "legal."  This lack of attention to criminals and particularly to organized crime could not come at a worse time.  We are definitely facing a war against drug traffickers at the border.  And this war is not only the responsibility of the Mexican government, the U.S. must decide to fully engage its resources - DHS, FBI, DOJ - to find and pursue the drug buyers and suppliers in the U.S. - the ones providing Mexican cartels with business.  Therefore, the unintended consequences of 287(g) go far beyond the serious offense of racial profiling, we are putting our communities at risk by irrationally and unjustly changing the priorities of our first responders.  The priority should be to keep our communities safe and pursue criminals. Immigrants do not threaten our lives and our safety, criminals and drug traffickers do. With limited resources, let's keep our eye on the ball.   

For more information, check out an IPC fact sheet on 287(g) partnerships, and a report by Justice Strategies.

III. More on the Economics of Immigration - Scientists fear that the broken immigration system and the troublesome visa system will drive foreign students to other countries.  Business Week reports that some data shows skilled immigrants are actually leaving the U.S. as debate over programs like the H-1B visa intensifies. And a very interesting article in Nashville, TN reminds us of an important lesson: Tennessee has actually used immigration to bolster its economy since the era of Reconstruction.

IV. We Can't Stress the Importance of the 2010 Census enough - The GAO presented assessments of Census methodology at House and Senate hearings last week, and warns that at this moment, the bureau is behind schedule.  Moreover, the accuracy of the 2010 Census remains threatened by computer problems and untested methods the Census Bureau plans to use for conducting the count, according to testimony by Robert Goldenkoff, director of strategic issues for the GAO. And we can't forget that the Congressional Black Caucus has been calling for a very involved President in the development of the Census.  If they work together, the CHC and CBC can carry a great deal of influence on this process to the benefit of minority communities.  

V. The Race for Rahm's Seat - Cook County Commissioner Mike Quigley won the Democratic special primary election to contend for Rahm Emmanuel's seat on April 7.  On immigration, Quigley noted, "I sponsored a measure with Cook County Commissioner Roberto Maldonado to create an immigrant protection ordinance in our Cook County system."  This is another race in which we have a pro-CIR Democratic candidate against an anti-immigrant Republican candidate.  In this case, the Republican is Rosanna Pulido, director of the Illinois Minuteman Project (I know, go figure).  We'll keep a close eye on this one. 

VI. And in case you missed it - the "Top 10 Immigration Issues From 2008."