August 11, 2008
FAIR has released its Legislative Immigration Update that covers the following:
- Congressman Gutierrez Calls ICE Officials "Gestapo Agents"; ICE Officials Seek Censure
- ICE Announces New Scheduled Departure Program
- Senate Passes Bill Extending Benefits for Refugees and Asylum Seekers
- DOT Extends Cross-Border Trucking Program with Mexico After House Committee Votes to Eliminate It
- Global AIDS Conference Turns Focus on AIDS in U.S. Immigrant Community
- Mexican Soldiers Hold Border Patrol Agent at Gunpoint
Last week, Representative Luis Gutierrez (D-IL) sparked controversy when he made a statement equating ICE officials to "Gestapo agents," provoking Julie Myers, Assistant Secretary of DHS and head of ICE, to seek Congressional censure of the Member. (CQ Today, August 6, 2008) Gutierrez's statements were recorded in a Politico editorial quoting his comments on ICE enforcement proceedings in Postville, Iowa: "You know who is in charge now? The Gestapo agents at [the Department of] Homeland Security. They are in charge." (Politico, August 6, 2008) Gutierrez went on to criticize "enforcement-only" plans, asking, "How many more years of this do we have to have before we have comprehensive [reform]? How many more Postvilles do we have to have?" (Id.)
Following publication of the Politico editorial, senior government officials from ICE told CQ Today that Ms. Myers was "absolutely appalled and deeply angered" by the statement. (CQ Today, August 6, 2008) One official also indicated that Myers intends to ask senior members of Congress to take disciplinary action against Gutierrez for his remarks. (Id.) Jamie Zuieback, ICE's Director of Congressional Affairs, commented, "Aside from being demeaning to the law enforcement officers that uphold the very laws passed by Mr. Gutierrez's Congress, it's potentially dangerous. No member of Congress should be encouraging the public to defy or demean federal law enforcement officers. Words matter." (Id.)
The Politico column came the same day a Chicago Tribune editorial written by Congressmen Gutierrez and Joe Baca (D-CA) was published. (Chicago Tribune, August 6, 2008) In the editorial, entitled "Mr. President Stop Your Raids on Our Communities," Gutierrez and Baca equate the ICE enforcement efforts to devastation they witnessed in "remote corners of the world" and note that "any future raid would [be] equally and profoundly inexcusable and cause yet another avoidable blight on our history." (Id.) The Members added, "There is no mistaking that these men and women are suffering at the hands of the U.S. government and our president. Our broken immigration system has paved a way to the objectification of human beings at the expense of our labor laws, U.S. workers' safety and basic family values." (Id.)
ICE Announces New Scheduled Departure Program
Immigration and Customs Enforcement (ICE) officials have announced the launch of Scheduled Departure, a pilot program that began last week in five cities. The Scheduled Departure Program grants non-criminal fugitive aliens who are not considered a risk to the community an opportunity to coordinate their removal from the United States, while remaining out of custody. (ICE News Release, July 31, 2008)
ICE defines a fugitive alien as an individual who has "failed to depart the United States based upon a final order of removal, deportation, or exclusion from a U.S. immigration judge, or who has failed to report to ICE after receiving notice to do so." (ICE Fact Sheet, July 30, 2008) In order to qualify for Scheduled Departure, a fugitive alien must not have a criminal history. Agency officials estimate there are 457,000 ICE fugitives eligible for participation in the program. (ICE News Release, July 31, 2008)
Participants in Scheduled Departure must fulfill at least one of two supervision requirements. Qualified aliens may either submit to a reporting requirement or wear an electronic monitoring device. ICE will also fulfill several responsibilities as a part of Scheduled Departure, including taking initiatives to ensure immigration databases are updated with information relating to qualified aliens, explaining supervision requirements to participants in the program, and notifying eligible aliens of the steps needed to successfully finalize their removal. Furthermore, the Scheduled Departure program allows aliens who have the means to provide for their own removal to do so, as long as travel plans are made within a 90 day time period. Aliens who are unable to provide for their own removal will still be eligible for the program. However, removal proceedings for these individuals will be scheduled and controlled by ICE. (Id.)
Participation in Scheduled Departure will not affect an alien's immigration status or provide any type of immigration-related benefit. Aliens participating in the program will still have a final order of removal, deportation, or exclusion. Aliens who have thus far avoided contact with immigration officials, have criminal records, or are considered a danger to the community are not eligible for participation in Scheduled Departure and could face arrest and detainment if they report to ICE. (Id.)
Recently, ICE has been scrutinized in regards to its conduct concerning the execution of its law enforcement operations. Julie L. Myers, Homeland Security Assistant Secretary for ICE, said that the Scheduled Departure Program would assuage the "concerns raised by aliens, community groups, and immigration attorneys who say ICE unnecessarily disrupts families." (Id.) Myers added, "By participating in the Scheduled Departure Program, those who have had their day in court and have been ordered to leave the country have an opportunity to comply with the law and gain control of how their families are affected by their removal." (Id.) Specifically, non-criminal fugitive aliens can come forward to avoid sudden arrest and detention.
Thus, eligible participants will be able to arrange for their removal without being held in custody, easing the transition for their families. Additionally, ICE will allow the families of qualified aliens to make their own travel arrangements so they may leave the United States with the individual participating in Scheduled Departure, thereby avoiding separation. (Id.)
The Scheduled Departure pilot is set to run from August 5th to August 22nd in Santa Ana, CA; San Diego, CA; Phoenix, AZ; Chicago, IL; and Charlotte, NC. (ICE Scheduled Departure Program, August 5, 2008) As it continues to evaluate the pilot, ICE may decide to expand the program. (ICE News Release, July 31, 2008)
Senate Passes Bill Extending Benefits for Refugees and Asylum Seekers
Before adjourning for August recess, the Senate passed H.R. 2608, a bill to extend a welfare program for certain refugees and asylum seekers. Elderly and disabled refugees, asylum seekers, and certain other immigrants, such as victims of trafficking, currently qualify for up to seven years of benefits under the Supplemental Security Income (SSI) program. The bill extends the maximum period for SSI benefits to nine years. It also limits this extension to an individual who has held legal permanent resident (LPR) status for less than 6 years; or has filed an application within 4 years of initially receiving SSI benefits to become a LPR; or has been granted status as a Cuban and Haitian entrant under the Refugee Education Assistance Act; or is an alien who is seeking asylum and is subject to restrictions on removal because their life or freedom would be threatened as defined in Section 241(b)(3) of the Immigration and Nationality Act.
The legislation also requires the alien to declare, under penalty of perjury, that they have made a good faith effort to pursue United States citizenship. (H.R. 2608, Section 2) The rationale behind this extension is that it has become increasingly difficult to obtain citizenship in the seven year timeframe due to growing backlogs in processing citizenship applications. (CQ Today, August 1, 2008)
The bill also includes a provision to allow the IRS to recover fraudulently obtained unemployment compensation debts from taxpayers' refund checks. This provision was meant to pay for the increased cost of the SSI extension. (Id.) As a result of the added revenue from the collection of these debts, the Congressional Budget Office (CBO) projects enactment of this legislation would increase net revenues to the federal government by $14 million over then next five years. (CBO Estimate of H.R. 2608, December 19, 2007)
DOT Extends Cross-Border Trucking Program with Mexico After House Committee Votes to Eliminate It
Last week, the U.S. Department of Transportation (DOT) announced its decision to extend the cross-border trucking pilot program for an additional two years, despite widespread criticism and recent Congressional attempts to eliminate the entire program. The Bush Administration, vowing to adhere to strict inspection requirements, implemented the one-year pilot program in September 2007 for only a select number of Mexican-domiciled trucking companies. (Department of Transportation, February 23, 2007) The announcement came just days after the House Committee on Transportation and Infrastructure passed legislation that would completely eliminate the program.
The cross-border truck program, a provision of the North American Free Trade Agreement (NAFTA), contains enforcement measures which allow each country to impose trade sanctions on the other countries in the event of noncompliance. (See NAFTA, Provision 1202 & 1203; also see Secretariat File No. USA-MEX-98-2008-01) The cross-border program provision requires that the United States allow trucks from Mexico and Canada full access to all American highways. (Id.) Thus, according to the trade agreement, if the United States fails to implement the cross-border program, either country would have the authority to initiate trade sanctions against the U.S.
Despite the threat of trade sanctions, the cross-border program's history has been long and contentious. Though he signed NAFTA into law shortly after taking office, President Bill Clinton refused to implement the cross-border trucking program, citing security concerns, and leaving Mexican truckers with a 25-mile radius near the border in which they could drive. (Id.) In 1998, Mexico filed a complaint with the NAFTA tribunal that the United States' refusal to implement the cross-border program violated the countries' agreement. (Id.) The tribunal ruled in favor of Mexico in 2001, and President Bush began plans to implement the program by 2002. (Secretariat File No. USA-MEX-98-2008-01) President Bush's decision sparked criticism throughout Congress and from many public interest groups, who then challenged the cross-border program both on the floor of Congress and in the courtroom. (Id.)
The latest attempt by Congress to stop the program came just days before the DOT announced the program's extension. Before leaving for August recess, the House Transportation and Infrastructure Committee completed its markup of H.R.6630, which would require the DOT Secretary to end the cross-border program. (Section 1(a)) In addition to ending the pilot program, the bill would also prohibit the Secretary from ever granting special permission to Mexican truckers to enter the United States without the consent of Congress. (Section 1(b)) Committee Chairman Jim Oberstar (D-MN) said of the extension, "DOT sold its proposal as a one-year trial, after which a thorough evaluation would be conducted of the program before any further action is taken... I have no reason to believe that the Administration has any plans to terminate the pilot program and revoke the authority of participating carriers - unless Congress compels it to do so." (Committee Press Release, July 31, 2008)
Global AIDS Conference Turns Focus on AIDS in U.S. Immigrant Community
On July 30, 2008, President Bush signed into law the "Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008." (Public Law No. 110-293) In addition to appropriating $48 billion to fight AIDS world-wide, the bill also repeals the statutory bar to admission for foreign nationals infected with HIV. (Sections 305 and 401) Until this change, aliens who were infected with HIV were barred statutorily from admission to the U.S., but could receive a waiver from U.S. Citizenship and Immigration Services (USCIS). By repealing the statutory bar, the new law gives USCIS discretion to administratively determine the process under which aliens infected with HIV may enter the U.S.
A week after this new law was enacted, nearly 20,000 doctors, scholars, activists, and policymakers gathered in Mexico last week for the 17th annual AIDS Conference. With this global focus on AIDS, many U.S. news sources focused specifically on the virus's impact on the Latino immigrant community, access to treatment, prevalence of the disease. According to a Washington Post article last week, Latinos account for approximately 15% of AIDS cases nationwide, but live in a culture significantly less supportive of AIDS patients than other segments of the population. (Washington Post, August 5, 2008)
The article also notes that, because of cultural stigmas, Latino men are among the most reluctant to seek treatment for HIV/AIDS, which has raised concern among public health officials. (Id.) A report released this month by the Center for Research on Gender and Sexuality noted from 2001 to 2005 more than 185,000 Latinos had reported being infected with AIDS; nearly 149,000 of these cases were Latino males. (Risk Across Borders, August 2008) According to a National Public Radio story last week, the cultural stigma is so oppressive in Mexico that more Mexicans are seeking-and receiving-political asylum in the United States. (NPR, August 4, 2008)
Mexican Soldiers Hold Border Patrol Agent at Gunpoint
United States Border Patrol (USBP) last week reported that Mexican soldiers held a border patrol agent at gunpoint early on the morning of August 3rd. The incident occurred after four Mexican soldiers crossed into the United States about 85 miles southwest of Tucson at a segment of the border that is protected only by a barbed wire fence. The Mexican soldiers, clad in desert camouflage, encountered an agent, pointed their rifles at him, and ordered him not to move. After approximately four minutes, the agent was able to convince the soldiers he was with the USBP, and they were actually on American soil. USBP said that the soldiers then lowered their weapons and retreated to Mexico. (The Associated Press, August 6, 2008)
In recent months, Mexican officials have sent soldiers to the country's northern border to quell drug-related violence, a factor that, according to Mexican Embassy Spokesman Ricardo Alday, contributed to the August 3rd incident. "Law enforcement operations have led...to innocent incursions by both U.S. and Mexican law enforcement personnel and military units...along the non-demarcated areas of our border," explained Alday. (Id.) State Department spokesman Gonzalo Gallegos said the confrontation "stemmed from a momentary misunderstanding as to the exact location of the U.S.-Mexican border," and added that the incident has been "brought...to the attention of the Government of Mexico." (State Department Daily Press Briefing, August 6, 2008)
The Washington Times reports there have been more than 200 confirmed incursions by the Mexican military into the United States since 1996. (The Washington Times, August 6, 2008) Responding to this most recent incident, USBP officials have expressed concern with the conduct of the Mexican military along the U.S.-Mexico border. TJ Bonner, president of the National Border Patrol Council, claims there have been at least six separate occasions where members of the Mexican military have crossed the border and shot at USBP agents in recent years. "It's a minor miracle that none of our agents have been killed or seriously injured," said Bonner. (The Associated Press, August 6, 2008) Bonner also noted that USBP incursions into Mexican territory are rare. (Id.)
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