FOR IMMEDIATE RELEASE
October 22, 2013

CONTACT
Adela de la Torre, [email protected], 213-400-7822

House Bill Would Throw Citizens and Authorized Workers Out of Jobs

Letter to Congress Signed by More Than 100 Groups Urges Defeat of E-Verify Mandate

WASHINGTON — In a letter sent to Congress today, more than 100 groups representing workers and immigrant, civil rights, and faith communities state their opposition to the Legal Workforce Act (H.R. 1772), saying it would not repair the immigration system and would instead lessen worker protections and threaten the jobs of hundreds of thousands of U.S. citizens and authorized workers due to government errors.

The organizations noted in their letter that the measure, which would rapidly force every U.S. employer to use an electronic employment eligibility verification system such as E-Verify, would seriously hurt the economy by expanding the cash-driven underground economy operated by those seeking to avoid having to comply with regulations.

The Legal Workforce Act “represents an outdated, enforcement-only approach that threatens the livelihood of all workers, including U.S. citizens, while failing to provide real solutions for law-abiding employers,” the letter states.

“Not one single person should lose his or her job because of a government error or an employer’s failure to follow the program’s rules,” said Marielena Hincapié, executive director of the National Immigration Law Center (NILC). “Before this legislation is rushed to the House floor, our representatives should take a close look at the E-Verify system’s flaws and listen to the stories of real people who have lost jobs and suffered greatly due to errors in the databases on which E-Verify relies.”

A report by the National Immigration Law Center examines data from a recent government study of E-Verify and concludes that if E-Verify’s use were made mandatory, hundreds of thousands of U.S. citizens and legally authorized workers would have to contact a government office or risk losing their job if they are flagged by the system.

Instead of being a “silver bullet” to find unauthorized workers, this bill, absent a program to legalize the immigration status of unauthorized workers, would “push employers and workers further into the underground economy, as paying workers cash or misclassifying the workers as independent contractors is the simplest way of not complying with the bill’s mandate,” according to the letter. The result would be a $17.3 billion loss in federal tax revenues, because this would increase the number of employers who resort to the black market outside of the regular economy.

The Senate-passed immigration reform legislation, which includes a path to citizenship for undocumented people, includes protections for workers, such as allowing workers to correct errors in the government databases on which E-Verify relies and also creating new penalties for employers who abuse the system. However, the enforcement-only Legal Workforce Act that has passed the House Judiciary Committee does not contain such protections.

Instead of a single enforcement-only bill that targets workers, Congress must act on commonsense immigration reform that supports our country’s economic vitality by providing work authorization and worker protections, the groups that signed the letter urge.

The letter to Congress is available at www.nilc.org/wp-content/uploads/2016/04/Legal-Workforce-Act-Ltr-Final-10-18-2013.pdf. NILC’s report titled “Verification Nation: How E-Verify Affects America’s Workers” is available at www.nilc.org/wp-content/uploads/2016/02/Verification-Nation-2013-08_rev11-06-13.pdf.

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FOR IMMEDIATE RELEASE
October 17, 2013

CONTACT
Adela de la Torre, 213-400-7822, [email protected]

Jeh Johnson to Be Nominated to Lead Dept. of Homeland Security

National Immigration Law Center Urges Senate to Confirm Johnson Without Delay

WASHINGTON — President Obama will nominate Jeh Johnson, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, LLP, to succeed Janet Napolitano as secretary of the Department of Homeland Security. Johnson has previously served in the public interest sector as general counsel of the Department of Defense and as general counsel of the Department of the Air Force. Johnson was the first African American partner of Paul, Weiss and also is the first African American nominee for this cabinet-level position.

“Jeh Johnson’s professional experience makes it clear that he will be a strong manager of what is undoubtedly one of the most complex cabinets within the executive branch. His experience with leading efforts for the repeal of the military’s discriminatory “don’t ask, don’t tell” policy against LGBT soldiers will serve him well in the immigration context, where both Senator Reid and President Obama have reiterated their commitment to reforming our broken immigration system.”

“Johnson need not wait until Congress has enacted immigration reform legislation to make real improvements to the Department of Homeland Security’s (DHS’s) treatment of immigrants, however. As the administration comes ever closer to reaching the dubious milestone of having deported two million immigrants, Johnson has a leadership opportunity to fully implement the directives that have already been issued to stop deporting the citizens of tomorrow and provide much-needed relief to immigrant families and our communities.

“Mr. Johnson’s credentials, while impressive, make it essential that he have a deputy secretary who understands our complex immigration system. Fortunately, the Obama administration has nominated such an individual to this position. Alejandro Mayorkas, the current head of U.S. Citizenship and Immigration Services, is eminently qualified to ensure that all facets of DHS’s mandate are understood by those charged with leading the organization. The Senate should confirm both these nominees, who would fill critical leadership gaps at DHS, immediately.”

“If confirmed, Mr. Johnson will have an opportunity to bring our most cherished values for due process, fair consideration, and family unity to DHS’s culture. We look forward to working with the future DHS secretary and his staff to restore transparency, accountability, and trust between immigrant communities and this department.”

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FOR IMMEDIATE RELEASE
October 8, 2013

CONTACT
Adela de la Torre, NILC, 213-400-7822, [email protected]
Isabel Alegria, ACLU, 415-343-0785, [email protected]
Larry Gonzalez, The Raben Group (MALDEF), (202) 466-0879,[email protected]

Federal Court Deals New Blow to Arizona’s Anti-Immigrant SB 1070

Today, the Ninth Circuit Court of Appeals issued an opinion upholding a preliminary injunction against the “harboring” provision of Arizona’s SB 1070 law.

The harboring provision was blocked by the district court in September 2012, and the state of Arizona appealed to the Ninth Circuit. In trying to make life impossible and miserable for undocumented immigrants, SB 1070’s harboring provision would have made it a crime for ordinary Arizonans to do simple things such as give a neighbor or a relative a ride, or for a landlord to rent a home to certain immigrants. In today’s ruling the Ninth Circuit joined the Third, Fourth, Fifth, and Eleventh Circuits in striking down state and local laws prohibiting various ordinary interactions with individuals based on immigration status.

SB 1070 has been challenged by a large civil rights coalition, including lead counsel from the National Immigration Law Center (NILC), the American Civil Liberties Union (ACLU), and the Mexican American Legal Defense and Educational Fund (MALDEF). This is the second time that the civil rights coalition has succeeded in enjoining provisions that were not ruled on in the Supreme Court’s 2012 decision on SB 1070. In both of those instances—in which the provisions dealt with day labor and harboring—the groups succeeded in the district court and also prevailed in the Ninth Circuit.

The following are comments from members of the coalition:

“The Ninth Circuit has hammered another nail into the coffin of racial profiling laws like Arizona’s SB 1070,” said Nora Preciado, a NILC staff attorney. “ This decision should serve as a reminder to state and federal lawmakers that attempts to criminalize daily interactions with immigrants will not be tolerated, inside or outside the courtroom.”

“We’ve demonstrated again today that the architects of SB 1070 disregarded not only human dignity and common sense, but also the United States Constitution, when they enacted Arizona’s infamous anti-immigrant law,” said Omar Jadwat, supervising attorney, ACLU Immigrants’ Rights Project. “The punitive and self-destructive approach to immigration embodied in SB 1070 has correctly been rejected by state legislatures and courts around the country, and we look forward to the day when Arizona, too, abandons this regrettable course.”

“The federal courts have gutted SB 1070 and blocked enforcement of all of its criminal provisions, a point affirmed by today’s decision,” said Victor Viramontes, national senior counsel, MALDEF. ”With this ruling, the Ninth Circuit again rebuked Arizona’s attempts to unconstitutionally target immigrants.”

A copy of today’s ruling in Valle del Sol, et al. v. State of Arizona is available here.

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FOR IMMEDIATE RELEASE
Oct. 5, 2013

CONTACT
Gebe Martinez, [email protected], 703-731-9505

TRUST Act: Governor Brown Signs Hallmark Immigration Legislation

LOS ANGELES — Affirming California’s standing as the trailblazer on immigrant rights, Governor Jerry Brown today signed legislation that solidifies civil rights, workplace and education protections for immigrants in the Golden State.

The National Immigration Law Center applauds Gov. Brown for keeping his promise to sign the TRUST Act (A.B. 4), which sets minimum protections for immigrants so that they can live and work safely in the state without fear of law enforcement and deportations. The new law ensures California law enforcement will not submit to requests by U.S. Immigration and Customs Enforcement (ICE) agents to hold people who have been charged with or convicted only of minor crimes so that agents can buy time to transfer them to immigration authorities.

The governor’s signature on the TRUST Act follows his signing earlier this week of another law that allows immigrants to be issued driver’s licenses regardless of their immigration status. He also signed, earlier, a new law that codifies basic labor rights — such as the right to overtime pay — of domestic workers.

“Nineteen years after California’s Prop. 187, which took our state down the dark road of anti-immigrant politics and policy, Gov. Brown has blazed the national trail for commonsense immigration policies,” said Marielena Hincapié, executive director of the National Immigration Law Center. Hincapié spoke from Los Angeles, where she was participating in one of more than 180 National Day of Action for Dignity and Respectevents being held across the U.S. in support of federal commonsense immigration reform with a path to citizenship for 11 million undocumented immigrants.

“The TRUST Act is particularly significant because it turns the state’s immigration policy away from the criminalization of immigrants — given the rise in deportations under the Obama administration — and keeps immigration enforcement in the hands of the federal government, where it belongs,” Hincapié added.

During a recent news conference sponsored by NILC, law enforcement officials from across the country released a letter they sent to Congressin which they opposed the so-called SAFE Act, currently pending in the House, which would essentially force local law enforcement agencies to enforce federal immigration laws. Law enforcement leaders said such efforts would undermine their community policing programs and crime-solving duties.

Hincapié also noted that, while change in California’s immigration policies did not come swiftly, NILC is “thrilled that Gov. Brown finally did the right thing, not only for the millions of immigrants and their families who have long suffered under ICE’s unjust enforcement practices, but for the entire state that benefits from the diverse and hard working population.”

As he signed the TRUST Act, the governor said he was not going to wait while Washington waffles on immigration. “If Congress takes a good look at the common sense approach applied in California, it will quit stalling and pass an immigration reform law with a path to citizenship this year,” Hincapié said.

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FOR IMMEDIATE RELEASE:
October 3, 2013

CONTACT:
Gebe Martinez, [email protected],703-731-9505

Inclusive Measure Puts California Back in the Driver’s Seat for Immigration Reform

Bill Signed by Governor Brown Will Improve Public Safety, Allow Immigrants to Apply for Licenses Regardless of Their Status

LOS ANGELES — California Governor Jerry Brown signed AB 60, a driver’s license bill, into law earlier today. The measure, which will allow California residents who do not have proof that their presence in the U.S. is authorized to apply for a driver’s license, received bipartisan support in the California legislature. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“After many years of advocacy on this issue, including support from law enforcement leaders, businesses, insurance companies, labor, farm workers, legislators, and immigrant rights, civil rights, and faith-based organizations, Governor Jerry Brown has recognized the public safety benefits of allowing all Californians—regardless of immigration status—to apply for a state driver’s license. The Golden State will join ten other states and the Commonwealth of Puerto Rico in understanding that, when all drivers can be tested, licensed, and insured, we’re better off as a community.

“The new law isn’t perfect. Markings on the license will put a driver who presents it at risk that police and others could assume that the person is living in this country without proper permission. These markings could lead to racial profiling or other discriminatory behavior. But the law includes helpful antidiscrimination and privacy protections that we plan to monitor to ensure that all residents can drive their children safely to school, to doctor’s appointments and work, to take care of other daily needs, and to continue contributing to the state.

“We firmly believe that all people living and laboring in California should be able to travel freely, without fear that a broken taillight may lead to deportation. This bill brings us a crucial step closer to achieving this vision.

“Our federal legislators and policymakers should follow in the footsteps of California, and seven other states that passed similar measures this year, by recognizing that immigrants, regardless of their immigration status, are integral members of our communities and economy. Like Governor Brown, we hope that this law sends a message to Congress to enact federal immigration reform, which will allow immigrants to fully participate in our democracy. These commonsense policies at the state and federal levels will benefit all of us.”

More information about immigrants’ access to driver’s licenses is available here.

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FOR IMMEDIATE RELEASE:
October 2, 2013

CONTACT:
Gebe Martinez, [email protected],703-731-9505

Democrats Keep Momentum Going for Immigration Reform

WASHINGTON — Democrats from the House of Representatives today introduced a commonsense immigration reform bill that would create a road to citizenship for millions of aspiring Americans, including young immigrants known as DREAMers.

The bill is anchored by two bipartisan proposals: the measure approved by the Senate Judiciary Committee earlier this year that would overhaul the immigration system and include a path to citizenship for people who currently are undocumented, and a border security bill cosponsored by Republicans and Democrats and passed unanimously by the House Homeland Security Committee. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund:

“In the wake of the federal government shutdown, it is refreshing to see this Democratic bill that’s based on measures that enjoy strong bipartisan support. We applaud the House Democrats for stepping forward to introduce a bill that would create an immigration system that respects family unity and allows those who have dedicated their lives to improving the economy and our communities to fully participate in society.

“However, this bill is far from perfect. We remain concerned — as we’ve been with the Senate’s committee bill and the version that passed on the floor — that the ten- to thirteen-year road to citizenship is too long, is extremely narrow, and will be especially difficult for low-income immigrants. For example, immigrants who qualify for registered provisional immigrant (RPI) status — the first step toward citizenship under the Senate bill — would be allowed to live and work in the U.S. but would be denied access to programs paid for by their tax dollars.

“In a week when we are celebrating an unprecedented level of access to health care coverage created by the new health insurance marketplaces, we believe consideration should be given to allowing the immigrants who benefit from legalization to have access to affordable health care — reducing program costs for everyone — instead of requiring them to wait at least a decade before participating in Obamacare.

“This adjustment in the legislative proposals would make economic and moral sense, and preserve the principle that fundamental governmental assistance programs — student aid, health care, and nutrition assistance — should allow all Americans, regardless of socioeconomic or immigration status, to reach the first rung of the ladder of opportunity.

“This bill is a reminder that, in addition to the economic issues facing our nation, immigration reform is also a top priority for the country. At a time when Congress’s approval ratings are at an all-time low, this bill provides an opportunity for both parties to show the American people that they can, in fact, legislate. We call on Republicans to come to the table and support this bill or proffer a counteroffer that will benefit our communities and our country. The energy, urgency, and political will are here. Americans — of all backgrounds — should not have to wait any longer for reforms that would make our immigration system conform to our values. The time is now.”

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FOR IMMEDIATE RELEASE
October 1, 2013

CONTACT
Gebe Martinez, [email protected], 703-731-9505

Law Enforcement Groups and Top Officers Tell Congress “No” to SAFE Act

WASHINGTON, DC — In a letter they sent to Congress today, law enforcement officials from across the country told legislators to reject the SAFE Act because it would undermine the core mission of local police to maintain community safety and would waste limited law enforcement resources.

“The SAFE Act would radically alter the nature of federal immigration enforcement by vesting enforcement decisions in the hands of state and local law enforcement officials where it does not belong. Immigration is a solely federal policy and it demands a national solution,” the letter stated.

The letter to congressional leaders was signed by the Major Cities Chiefs Police Association (MCCA), the National Organization of Black Law Enforcement Executives (NOBLE), the Police Executive Research Forum (PERF), and law enforcement officials from Arizona, California, Illinois, Iowa, Florida, Maryland, Massachusetts, New York, Ohio, Pennsylvania, Texas, Utah, Washington, and Wisconsin.

During a press teleconference call, law enforcement community leaders emphasized that immigration law and its enforcement are federal matters that should not be carried out by state and local police agencies. On the call were Chief Richard S. Biehl, Dayton, OH, Police Department; Chief Chris Burbank, Salt Lake City, UT, Police Department; Chief Jeffrey W. Halstead, Ft. Worth, TX, Police Department; and District Attorney George Gascón, City and County of San Francisco, CA, and former police chief in Mesa, AZ, and San Francisco. The press conference was moderated by National Immigration Law Center (NILC) Executive Director Marielena Hincapié.

“The SAFE Act puts local law enforcement squarely in the middle of immigration enforcement, driving a wedge between our police officers throughout the nation and the communities they serve. Our interest should always be criminal behavior, not status or civil enforcement practices,” Burbank said. He also warned that the SAFE Act would lead to bias because anyone who “acts or speaks differently is going to be asked (about immigration status) and that should not be the purpose of local law enforcement.”

Gascón noted the SAFE Act also would lead to an uneven enforcement of immigration policies and increase the risk of civil liability for local police departments.

“The SAFE Act decentralizes control of our immigration laws and cedes decision-making authority to local jurisdictions. This will result in a patchwork of different regulations that will invariably lead to the unequal application of immigration laws and due process protections,” Gascón said. ”Additionally, this massive increase of criminalization, detention, and deportation of immigrants would divert law enforcement priorities and resources from fighting violent and serious crime.”

Another key concern with the House bill is that it would make an officer’s job more dangerous by cluttering the National Crime Information Center (NCIC) database with unverified, civil immigration–related information.

Halstead, the Ft. Worth police chief, said community leaders oppose the SAFE Act, because it would turn officers away from crime-solving and into immigration enforcers, threatening decades of successful neighborhood programs and trust between officers and residents.

“We rely on citizens input in order to gain information on possible suspects and possible witnesses,” Halstead said. “If we have this type of act come to us and local police start performing federal immigration enforcement, we are going to see those community relationships erode and possibly eliminated.”

Biehl underscored the point that underfunded police agencies do not have the capacity to engage in immigration enforcement, and their current public safety mission would be compromised by the SAFE Act.

“There is not the time, resources, or expertise for law enforcement to engage in immigration enforcement,” Biehl said. “It would give us an impossible mission and possibly cause us to compromise our public safety mission.”

“When people, regardless of immigration or socioeconomic status, feel enough trust in local law enforcement to come forward as victims of or witnesses to crime, our communities are a whole lot safer,” said Hincapié. “Members of Congress should listen to those charged with maintaining public safety and relegate this ill-conceived bill to the ideological waste bin. Failing to do so could threaten everyone’s safety.”

RESOURCES:

• Audio recording of news conference.

• Letter to Congress from law enforcement community.

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