Immigrants’ Rights Update

VOLUME 22, ISSUE 6  |  JULY 17, 2008

IMMIGRANTS’ RIGHTS UPDATE Index

IN THIS ISSUE

 
AMENDED EXECUTIVE ORDER 12989:
Requires That Federal Contractors Use Basic Pilot/E-Verify
New on NILC’s Website (since June 19, 2008)

Read this issue of IMMIGRANTS’ RIGHTS UPDATE online at:

  www.nilc.org/pubs/iru/iru2008-07-17.htm

AMENDED EXECUTIVE ORDER 12989:
Requires That Federal Contractors Use Basic Pilot/E-Verify

  President Issues Executive Order Mandating That Federal Contractors Use Controversial and Error-Prone Basic Pilot/E-Verify
 

     Last month, President George W. Bush amended Executive Order 12989 in order to mandate that certain public and private federal contractors use the severely flawed and inaccurate Basic Pilot/E-Verify program to verify the employment eligibility of all newly hired employees and also to reverify the eligibility of existing employees working under the contractor’s contract with the federal government.  This action is a significant change in policy and law that drastically alters the current requirements of Basic Pilot/E-Verify and represents the administration’s unlawful, unrealistic, and wrong-headed approach to solving our nation’s immigration problems.  This latest example continues the trend of disregarding workers’ constitutional and due process rights as the administration pursues its own brand of enforcement-only strategies.   Read more >>

 
Comments on the Proposed Rule Are Invited -- and Due August 11

TALKING POINTS:  Not Ready for Prime Time and Not a Magic Bullet: New Executive Order and Proposed Rule Require Federal Contractors to Use Basic Pilot/E-Verify (7/15/08)

WHY & HOW:  Why and How to Submit Comments on the Proposed Rule (7/15/08)
 

NEW ON NILC’s WEBSITE (since June 19, 2008)

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NILC Home Page

 
Government Unjustly Coerces Guilty Pleas and Criminalizes Workers

 

Interpreting after the Largest ICE Raid in U.S. History: A Personal Account
(by Erik Camayd-Freixas, Ph.D., a certified federal court interpreter; 7/08).
     REQUIRED READING for any immigrants’ rights advocate.  One brief excerpt:  “It is no secret that the Postville [Iowa] ICE raid was a pilot operation, to be replicated elsewhere, with kinks ironed out after lessons learned.  Next time, ‘fast-tracking’ will be even more relentless.  Never before has illegal immigration been criminalized in this fashion.”  Professor Camayd-Freixas’s essay is available in a blog on The Sanctuary.

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Workplace Enforcement by Immigration Authorities

 

Immigration & Customs Enforcement (ICE) Humanitarian Guidelines

 

Guidelines for Identifying Humanitarian Concerns among Administrative Arrestees When Conducting Worksite Enforcement Operations (U.S. Immigration and Customs Enforcement document issued in 11/07; posted 6/19/08.)

Lawsuit Challenging Exclusion of Attorneys from Interviews

  National Lawyers Guild v. Chertoff 
(Complaint for Declaratory and Injunctive Relief, 2/14/08)

 

     Lawsuit challenging ICE policy and practice of excluding attorneys from interviews with workers detained after a Feb. 2008 Los Angeles worksite raid.

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Arrest and Detention

 
Violations of Detainees’ Human Rights

 

Voices from Detention: A Report on Human Rights Violations at the Northwest Detention Center (Seattle University School of Law International Human Rights Clinic and OneAmerica, 7/08).  Among other problems, the study found violations of attorney-client privilege; threats and physical intimidation used to pressure detainees to sign papers; mistreatment by guards and federal marshals; inadequate medical care; inadequate treatment of mentally ill detainees, including refugees who had been persecuted in their homelands; insufficient food and incidents of food poisoning; severe overcrowding; and language barriers.  (Link is to OneAmerica’s website.)

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Social Security Administration (SSA)-related Information

 
No-Match Letter Insufficient Proof That a Worker is Employment-Ineligible

 

Aramark Facility Services v. Service Employees International Union, Local 1877, No. 06-56662 (9th Cir. June 16, 2008).

Decision by Ninth Circuit Court of Appeals

Summary of decision (Listing of worker’s Social Security number in a no-match letter is not sufficient to establish constructive knowledge that the worker is employment-ineligible.)

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Social Security Administration “No-Match” Letter Toolkit

 
Legal Liability for Misusing No-Match Letters

 

Potential Liability Employers Face if They Take Adverse Action against Employees Based Solely on a No-Match Letter  (Outlines the current areas of law under which an employer could be found liable if it takes adverse action against workers based solely on a no-match letter.)  (5/08; posted 6/30/08.)

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Supplemental Security Income (SSI)

 
Settlement Provides for Expedited Immigration or Citizenship Processing

 

Expedited Processing Available for Certain Supplemental Security Income (SSI) Beneficiaries  (Current and former SSI beneficiaries can request expedited processing of Forms I-485 and N-400 -- permanent residence and naturalization applications -- if the individual’s application has been pending with U.S. Citizenship and Immigration Services for more than six months.)  (USCIS questions & answers, 6/5/08; posted 6/30/08.)

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Employment Eligibility Verification and Antidiscrimination Protections

 
Webpage Extensively Revised; New Resources Added

 

Among the newest additions: 

What Are Faith-based Advocates Saying about a Mandatory Basic Pilot/E-Verify? (5/08; posted 7/7/08.)

What Are Businesses Saying about Proposals to Make Basic Pilot/E-Verify Mandatory? (6/18/08)

Links to many new advocacy resources related to Basic Pilot/E-Verify and electronic employment eligibility verification systems generally.

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Resources for Disaster Survivors

 
Immigrants’ Needs Overlooked

 

Disaster Preparedness in Urban Immigrant Communities: Lessons Learned from Recent Catastrophic Events and Their Relevance to Latino and Asian Communities in Southern California (Tomás Rivera Policy Institute and Asian Pacific American Legal Center, 6/08).
    
KEY FINDINGS:   Government agencies and nonprofit relief organizations are not doing enough to provide culturally sensitive disaster preparedness education in languages that reflect the demographics of the populations being served.  Currently, no tools are in place to provide immediate translation of all emergency information in a rapid manner to limited English-proficient populations in Southern California.  First responders rely on bilingual family members, often children, to provide translation for officers, deputies, fire personnel, etc.  All first response personnel interviewed said that immigration status is not considered when providing disaster services, but none of their agencies had in place mechanisms by which to reassure the public that this is in fact the case.  (Link is to Tomás Rivera Policy Institute website.)

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Immigration Law & Policy > Miscellaneous Issues

 
Massachusetts New Americans Initiative: A Pro-Immigrant Measure

Description of the initiative (An economic and social plan to help Massachusetts develop an integration-based agenda for refugees and immigrants and support for the communities where they live.)  (7/08; posted 7/14/08.)

Massachusetts Executive Order 503: Integrating Immigrants and Refugees into the Commonwealth  (7/9/08; posted 7/14/08.)

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Links (to Federal & State Agency Websites; Advocacy & Research)

 
FOIA-obtained Information about Federal Immigration Enforcement

 

Transactional Records Access Clearinghouse (at Syracuse University). 
    TRAC’s Immigration Project makes available written reports on immigration matters -- administrative and criminal enforcement, agency staffing, etc.; a tool that provides one-click access to the latest monthly data on the criminal enforcement of immigration law, along with explanatory text; detailed reports on the handling of asylum matters by over 200 immigration judges; a library of reports on immigration matters by the Government Accountability Office, the Congressional Research Service, and inspectors general; and a plain-English glossary of frequently used words and acronyms common to the immigration world.
     An excerpt from a recent TRAC Immigration e-newsletter:  “Immigration cases continue to heavily dominate federal enforcement efforts, making up . . .  58% . . . of all federal prosecutions in April, according to timely data obtained and analyzed by [TRAC].  By comparison, prosecutions falling under the general category of drugs and narcotics made up only 16% of the total, while matters classified as involving white collar violations limped in at just under 5% for the same month.  The very heavy federal emphasis on immigration cases became especially notable in February, March and April and is concentrated in selected judicial districts along the border with Mexico.  The surge in this area is being advanced under a program called ‘Operation Streamline.’”

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IMMIGRANTS' RIGHTS UPDATE is compiled and edited by Richard Irwin.

National Immigration Law Center
3435 Wilshire Boulevard, Suite 2850
Los Angeles, CA 90010
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