Immigration

Obama Makes the Case for Comprehensive Immigration Reform, DREAM Act

This afternoon in El Paso, President Obama laid out his case for comprehensive immigration reform. In his speech he again expressed his disappointment in the failure of the DREAM Act, which sunk under a filibuster by Senate Republicans late last year:

And we should stop punishing innocent young people for the actions of their parents – by denying them the chance to earn an education or serve in the military. That’s why we need to pass the Dream Act. Now, we passed the Dream Act through the House last year. But even though it received a majority of votes in the Senate, it was blocked when several Republicans who had previously supported the Dream Act voted no.

It was a tremendous disappointment to get so close and then see politics get in the way. And as I gave the commencement at Miami Dade, it broke my heart knowing that a number of those promising, bright students – young people who worked so hard and who speak to what’s best about America – are at risk of facing the agony of deportation. These are kids who grew up in this country, love this country, and know no other place as home. The idea that we would punish them is cruel and it makes no sense. We are a better nation than that.

Illinois Senator Dick Durbin is planning to reintroduce the DREAM Act tomorrow. As the week goes on, we’ll have more on the renewed effort to pass the legislation.

PFAW

Arizona Governor Vetoes Birther Bill

In a nod to arbitrariness, Arizona Governor Jan Brewer decided yesterday that one particularly crazy, shameful and embarrassing proposal from her state legislature was just too crazy, shameful and embarrassing to actually sign into law. We are of course talking about the shockingly-still-popular “birther” trend in Republican politics, and Arizona was set to become the first state to pass a requirement that presidential candidates must prove their U.S. citizenship before they can appear on the ballot. According to Brewer, asking the potential next president of the United States to show his or her birth certificate (or perhaps circumcision records) is undignified and unnecessary:

I never imagined being presented with a bill that could require candidates for President of the greatest and most powerful nation on earth to submit their 'early baptismal or circumcision certificates'… this is a bridge too far. This measure creates significant new problems while failing to do anything constructive for Arizona.

 

Apparently, “show me your papers” is an inappropriate thing to ask of someone who wants the top job in the “greatest and most powerful nation on earth,” but it is a perfectly fine thing to demand from someone who just wants to live and work there. And it is definitely okay to ask this of people that you have racially profiled.

On another note, Governor Brewer must have felt the need to balance her rational decision to veto the birther bill by signing a correspondingly irrational bill that creates huge obstacles for same-sex couples wishing to adopt a child.

PFAW

Vitter and Paul Ramp Up Their War Against Latinos

Earlier this year, Senators David Vitter and Rand Paul introduced a constitutional amendment to eliminate one of the key advancements in liberty in American history: the citizenship provision of the Fourteenth Amendment, a necessary reform that was made possible only at the horrendous cost of four years of bloody war. Correcting the mistakes of the past, Americans guaranteed the promises of liberty and equality available for all who were born here. The senators' proposed constitutional amendment was a shameful statement that those who adopted the Fourteenth Amendment had made a mistake.

Even though both senators had also (falsely) claimed that the Fourteenth Amendment did not confer citizenship on people born here to undocumented immigrants, their introduction of a constitutional amendment suggested a recognition that writing millions of Americans out of the Constitution would effect a fundamental change in our nation's character.

However, as Andrea Nill reports in Think Progress, Vitter and Paul have managed to take their hostility toward millions of Latinos to the next level:

This week, the two senators addressed the legislative dissonance by introducing a bill that's essentially a carbon copy of Rep. Steve King's (R-IA) birthright citizenship proposal in the House. Vitter and Paul, along with Sens. Mike Lee (R-UT) and Jerry Moran (R-KS), say their legislation "requires the federal government to limit automatic citizenship to children born to at least one parent who is a citizen, legal resident, or member of the military."

Yet, rather than seeking two thirds of Congress and three-fourths of all the states to amend the Constitution, they now simply seek to redefine it by amending the Immigration and Nationality Act. ...

Since it’s highly unlikely their proposal will get very far, it raises the question of what Vitter and Paul’s goals really are. It’s one thing to argue in favor of a constitutional amendment. The arguments behind it are still beyond questionable, but at least they are based on a general agreement that the 14th amendment has been rightly interpreted throughout the past century. When people start arguing that the Constitution has been misread for over 150 years, it undercuts the legitimacy of the millions of Latino and Asian citizens who at some point in their family tree had citizenship conferred to them through an immigrant family member who came to the U.S. during periods when most foreign residents lacked formal “legal” status. Given the fact that Vitter and Paul waged two of the most blatantly racist campaigns last year, I wouldn’t be surprised if that’s exactly what they’re trying to accomplish.

As we have reported, legislative efforts to exclude millions of people who were born here from the rights of citizenship are flatly inconsistent with the Fourteenth Amendment's plain text and its history, buttressed by over a century of case law.

PFAW

Honoring King By Following in his Footsteps

The day after the anniversary of the assassination of Martin Luther King, a group of undocumented youth in Atlanta honored him by applying his message of peaceful protest against injustice. Supported by civil rights leaders like Rev. Timothy McDonald – a PFAW Board member, the founder of the African American Ministers Leadership Council, and the chair of African American Ministers In Action – they engaged in civil disobedience and highlighted the injustice of laws effectively barring them from higher education because of their parents' immigration decisions. As reported in the Washington Post:

Eight young illegal immigrants were arrested Tuesday for sitting in the middle of a busy street in front of the Georgia Capitol, protesting their lack of access to higher education in a scene reminiscent of civil rights demonstrations decades ago.

The group, made up of mostly students, believe their plight is similar to movement the Rev. Martin Luther King Jr. led, and they met with former activists from the 1960s to hash out their civil disobedience plan. As the foreign-born youngsters sat in the road, at times holding hands, hundreds of supporters lined the street and cheered in support as the illegal immigrants were led away in handcuffs.

Before the sit-in the youngsters, their voices trembling, each stood before the crowd, took a microphone and announced: "I am undocumented, and I am unafraid." ...

The Rev. Timothy McDonald was one of the activists who met with the students at Ebenezer Baptist Church in the room where King and other preachers founded the Southern Christian Leadership Conference, the organization that led the movement for equality and justice for blacks.

"We felt the connection," McDonald said. "We pointed out that there has never been a successful movement of any kind without young people, and that was especially true of the civil rights movement. It was the students who filled up the jails, not the preachers."

As these young people show, part of the strength and beauty of King's message is its universality

PFAW

The Costs of Eliminating Constitutional Citizenship

Last month, Right Wing Watch looked at the historical revisionism, lack of legal logic, and indifference to practical results endemic in the movement to change the Constitution’s definition of citizenship. Following last week’s defeat of a law challenging constitutional citizenship in the Arizona senate, the Arizona Republic took takes an extensive look at the arguments for and against Constitutional citizenship. Their analysis of the pragmatic pros and cons is telling. While denying citizenship to American-born children of undocumented immigrants might save some money on social programs in the short term, the paper reports, the long-term costs of creating a huge American-born undocumented underclass—with up to 400,000 new children each year—could be huge. In addition, implementing a system to discriminate against children based on the citizenship status of their parents would be burdensome:

Limiting birthright citizenship could create costs and challenges for the government at various levels while potentially saving money in other areas.

At some level - local, state, federal or even at the hospital - someone would have to determine whether a newborn's parents were legally in the United States before the infant could be processed for a Social Security number.

Regardless of how the process worked, it would require governments to spend money creating and running an agency to verify the citizenship of parents at a time when the public is calling for less government spending and bureaucracy, said Margaret Stock, a retired Army Reserves lieutenant colonel and immigration attorney specializing in military cases.

She is concerned too that limiting birthright citizenship could hurt the nation's armed services because immigrants, and the children of immigrants, have a higher propensity to join the military than other citizens, she said.

Denying citizenship to the children of illegal immigrants could save taxpayers some money.

According to the Pew Hispanic Center, the children of undocumented immigrants are more likely to live in poverty and lack health insurance than children of U.S. citizens. As citizens, many of those children qualify for public benefits.

By denying them citizenship, those children would not be eligible for most public-assistance programs, so some of the costs to taxpayers would be less, Van Hook said.

In the long run, however, without citizenship, those children would not be able to work legally and would probably earn less money, pay less in taxes and cost the public in other ways such as emergency medical care, she said.

 

PFAW

Arizona Senate Defeats Extremist Anti-Immigrant Laws

Arizona’s state Senate yesterday defeated five extreme anti-immigrant bills, including two aimed at provoking the U.S. Supreme Court to reconsider the constitutional definition of citizenship, and three more that would have required hospitals, schools, public housing administrators, and DMV officials to become immigration enforcers:

One of the rejected bills would have required hospitals to contact federal immigration officials or local law enforcement if people being treated lack insurance and can't demonstrate legal status.

Critics said that would burden hospitals, but Republican Sen. Steve Smith of Maricopa said his bill didn't require much.

"Maybe you forgot it's illegal to be in this country illegally," he said during the vote on his bill. "We just ask them to report the crime, not be the judge and executioner."

Also defeated was a bill to require schools to file reports on enrollments of illegal immigrant students.

The fifth bill was a sweeping measure sponsored by Pearce. It would have made it a crime for illegal immigrants to drive in Arizona. It also had provisions on registering vehicles, workplace hiring and various public benefits.

It would ban illegal immigrants from attending Arizona's public universities and community colleges. The state does not now have a ban but it does require illegal immigrants to pay higher, non-resident tuition rates.

Pearce's bill also would have required eviction of public housing tenants who let illegal immigrants live with them and make applicants for vehicle titles and registration prove they are in the country legally.

Arizona has in recent months led the way in extremist anti-immigrant measures, including passing last year’s SB 1070, which would have required racial profiling by state police. Parts of that bill were temporarily blocked by a judge as the bill is appealed.


That these five bills couldn’t make it through the Arizona Senate shows the power of the backlash against such harsh—and possibly illegal—measures.
 

PFAW

Anti-Immigration Groups Push Green Wedge Strategy

PFAW’s Right Wing Watch in Focus report, “Previewing the Right-Wing Playbook on Immigration Reform,” identified nine strategies employed by right-wing pundits and politicians to demonize immigrants and derail comprehensive reform.  Among those strategies were to portray immigrants as criminals, invaders, and disease-carriers.   It’s time to add a new category: blaming immigrants for environmental degradation. 

At last month’s Conservative Political Action Conference, the anti-immigration Federation for American Immigration Reform (FAIR) distributed a beautifully photographed report decrying the declining health of the Chesapeake Bay, blaming the failure of clean-up efforts on immigration, and slamming environmental groups for not joining FAIR’s anti-immigrant crusade.

If you find it confusing that FAIR, whose political allies are among the most far-right members of Congress, is professing deep concern for the environment, there’s a simple explanation. FAIR and its anti-immigration allies believe that appealing to environmentalists concerned about the impact of sprawl and other growth-related issues can be an effective wedge issue to divide progressives.

For more about the blame-immigrants-for-environmental problems strategy, and a progressive response, see this article by People For the American Way Senior Fellow Peter Montgomery on Alternet

PFAW

Dehumanizing Rhetoric, Inhumane Policy

The Arizona State Senate is considering a bill that would require hospitals to check whether patients are in the country legally, and contact federal authorities if they are not.

The bill is similar to Arizona's legislature’s attempt to require local police to check the immigration status of those they detain, even at routine traffic stops. The first bill—portions of which have been blocked by a federal court—threatened to make the state significantly more dangerous by removing all incentive for undocumented immigrants to cooperate with local law enforcement. But the hospitals bill might be, unbelievably, even more dangerous—it would prevent undocumented immigrants from seeking critical health care, driving them to either suffer without care or seek underground, and likely unsafe, treatment.

Right Wing Watch reported on two immigration panels at last week’s Conservative Political Action Committee—both were notable not only for their overtones of white supremacy, but for the dehumanizing language participants used to describe undocumented immigrants.

As we noted earlier this year in a report on right-wing immigration rhetoric, dehumanizing language is key to implementing inhumane policies. You know that that rhetoric has gone way too far when elected officials are proposing fixing the immigration system by preventing sick people from seeking safe and legal health care.
 

PFAW

Arizona Effort to End Constitutional Citizenship Faces Backlash

Two bills proposed by Republican legislators in Arizona that would revoke constitutional citizenship are running into trouble in the State Senate. State Senate President Russell Pearce, a key force behind the state’s draconian SB-1070 anti-immigration law, is leading efforts to deny citizenship to US-born children of undocumented parents, rescinding a right plainly guaranteed by the Constitution's 14th Amendment.

The Arizona Daily Star reports that the bills were unlikely to win the approval of the Judiciary Committee, and now Pearce may bring the legislation to a more sympathetic committee. Children of undocumented parents, immigration activists, and members of the business community spoke out against what they called an unpopular, confusing, and dangerous attempt to undermine the Constitution:

A bid to deny citizenship to the children of illegal immigrants faltered Monday when proponents could not get the votes of a Senate panel.

After more than three hours of testimony at the Senate Judiciary Committee, Sen. Ron Gould, R-Lake Havasu City, yanked the two measures.

Gould said he lacked the backing of four other members of the Republican-controlled panel, which he chairs. Gould said he will keep trying to secure votes. And Senate President Russell Pearce, R-Mesa, said, if necessary, he will reassign the proposal to a more friendly committee.



Even before any testimony, Sen. Adam Driggs, R-Phoenix, said the proposal, based on that idea of Arizona citizenship, raises a host of unanswered questions.

"I don't understand how you become an Arizona citizen if you move to Arizona, what the bureaucratic model would be," he said. "Do you then need to bring your own birth certificate and both of your parents' birth certificates?"

There were also several children who spoke against the bill, including 12-year-old Heide Portugal who said she was born in this country but her parents were not and that a measure like this, had it been in effect, would have denied her citizenship.

The proposals also drew opposition from the business community.

Kevin Sandler, president of Exhibit One, said he worried about the message adopting such a law would send.

Sandler said his firm, which provides audiovisual equipment to courts across the nation, had to lay off six employees after some out-of-state firms boycotted Arizona businesses after lawmakers adopted SB 1070 last year. That measure gives police more power to detain illegal immigrants.

"We've created a toxic environment," he told lawmakers. "Businesses don't want to move here."

He said companies looking to relocate pay attention to the political climate in a state.

"What we've really done is create a not-open-for-business environment here."



Jennifer Allen, executive director of the Border Action Network, said denying citizenship to children born in this country based on a parent's citizenship would create "a permanent underclass" of people in the state.
PFAW

Senate Confirms Three Judges…But What About the 99 Vacancies Left?

Last night, the Senate struck an agreement to confirm three of President Obama’s non-controversial judicial nominees. That’s great—but, as of this morning, it leaves 99 seats on the federal judiciary left to fill. And, as the long road to last night’s three easy confirmations shows, if the Senate’s behavior with judicial nominations doesn’t change, that number is not going to dwindle fast.

The stories behind the three nominees confirmed last night clearly illustrate the Senate dysfunction that has led to one in nine seats on the federal judiciary being vacant. Marco Hernandez, an Oregon judge, was first nominated to the federal district court in 2008…by George W. Bush. When President Obama renominated him July, 2010, he did not receive a vote in the Senate. When his nomination finally went to a vote yesterday, after three years and three nominations, he was confirmed unanimously.

Attorney Paul Kinloch Holmes was nominated for the federal bench in Arkansas in April, 2010. His nomination stalled all last year in the Senate, and President Obama renominated him last month. He was confirmed without a single dissenting vote. Diana Saldana of Texas, also confirmed without dissent last night, had also been nominated twice and seen her nomination languish on the Senate floor for almost a year.

The Washington Post today reports on the crisis in the federal judiciary created by the Senate’s failure to confirm judges at the rate that they’re retiring:

The crisis is most acute along the southwestern border, where immigration and drug cases have overwhelmed court officials. Arizona recently declared a judicial emergency, extending the deadline to put defendants on trial. The three judges in Tucson, the site of last month's shooting rampage, are handling about 1,200 criminal cases apiece.

"It's a dire situation," said Roslyn O. Silver, the state's chief judge.

In central Illinois, three of the four judgeships remain vacant after two of President Obama's nominees did not get a vote on the Senate floor.

Chief Judge Michael McCuskey said he is commuting 90 miles between Urbana and Springfield and relying on two 81-year-old "senior" judges to fill the gap. "I had a heart attack six years ago, and my cardiologist told me recently, 'You need to reduce your stress,' '' he said. "I told him only the U.S. Senate can reduce my stress.''

As we’ve pointed out here before, the judicial crisis is about far more than the health of overworked judges. Overworked courts mean slower access to justice for citizens:

The effect is most visible in civil cases, with delays of up to three years in resolving discrimination claims, corporate disputes and other lawsuits.

"Ultimately, I think people will lose faith in the rule of law,'' said Alex Kozinski, chief judge of the U.S. Court of Appeals for the 9th Circuit in California. "We as a nation believe that if you have a dispute, you go to court and within a reasonable period of time, you get a decision.''

Ultimately, it’s ordinary citizens who pay for the Senate’s failure to perform one of its simplest and most essential tasks—ensuring the fairness and functioning of the federal judiciary.
 

PFAW

In Overcrowded Courts, Justice Delayed

We write a lot about “judicial emergencies”—situations where slow-downs in the judicial nominations process have led court systems to be woefully understaffed. These cases are not emergencies because judges have to work harder—they’re emergencies because when courts are overworked, access to justice is delayed.

Last week, Politics Daily’s Andrew Cohen explained what is happening in Arizona, where Chief District Court Judge John Roll was murdered when he stopped by an event with Rep. Gabrielle Giffords to talk with her about the overcrowded courts. Roll had been planning to request that Arizona be labeled a “judicial emergency” in order to loosen restrictions on speedy trials:

Roll did not live to see his request granted. But on Tuesday, less than three weeks after he was shot by accused gunman Jared Lee Loughner, Roll's successor finally did declare a "judicial emergency" in the state after consulting with the 9th Circuit's Judicial Council. The move by Chief U.S. District Judge Roslyn O. Silver allows federal judges in the state to wait for as long as 180 days between the time of the indictment or complaint and the time of trial, even if a criminal defendant wants to go to trial more quickly.

The administrative move could delay the Loughner case itself, depending upon whether the 22-year-old defendant's attorneys try to change the trial venue from Arizona to another state or if federal prosecutors decide to seek the death penalty against Loughner. Most federal murder cases do not go to trial quickly anyway, in large part because of the significant pre-trial work it typically takes for lawyers to prepare their cases. The government has not yet charged Loughner with a capital crime. The next hearing in the case is set for March 9.

The extraordinary action by Silver was taken because of the sheer volume of cases. According to the 9th Circuit: "The Arizona federal court has the third highest criminal caseload in the nation, driven by illegal immigration and drug smuggling across the U.S.-Mexico border. Criminal cases have increased 65 percent since 2008, when the federal government greatly expanded its law enforcement efforts along the border. The bulk of the criminal caseload is assigned to the court's Tucson division, where three judges currently handle approximately 1,200 cases each" (emphasis added).

There are currently 101 empty seats in the federal courts, 49 of which have been labeled as judicial emergencies [pdf]. Chief Justice John Roberts recently pleaded with the Senate to stop holding up judicial nominees, saying their stalling had resulted in “acute difficulties for some judicial districts.” Justice Anthony Kennedy told the Los Angeles Times, “It's important for the public to understand that the excellence of the federal judiciary is at risk.”

In an editorial memo last week, PFAW outlined the Senate obstruction that has been largely responsible for the slow pace of filling judicial vacancies in the Obama administration:

On the occasions when it has confirmed nominees to the bench, the Senate has slowed down the process to the point of absurdity. During the first two years of the George W. Bush administration, District Court nominees were confirmed in an average of 25 days. Under President Obama, the wait has averaged 104 days. For Circuit Court judges, the time has increased six-fold, from 26 days to 163 days on average.

Senators need only to look to Arizona to see the real impact that playing politics with judicial nominations has on the ability of citizens to get prompt access to justice.
 

PFAW

In State of the Union, Obama Calls for Immigration Reform and DREAM ACT

In his State of the Union address last night, President Obama made a common-sense plea for comprehensive immigration reform, including a reference to the DREAM ACT, the popular measure that would provide a path to citizenship for young adults who, through no fault of their own, were brought into the country illegally as children, provided they graduate from high school with a commitment to go to college or join the military. The DREAM Act was blocked by Senate Republicans at the end of last year.

One last point about education. Today, there are hundreds of thousands of students excelling in our schools who are not American citizens. Some are the children of undocumented workers, who had nothing to do with the actions of their parents. They grew up as Americans and pledge allegiance to our flag, and yet they live every day with the threat of deportation. Others come here from abroad to study in our colleges and universities. But as soon as they obtain advanced degrees, we send them back home to compete against us. It makes no sense.

Now, I strongly believe that we should take on, once and for all, the issue of illegal immigration. And I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws and address the millions of undocumented workers who are now living in the shadows. I know that debate will be difficult. I know it will take time. But tonight, let’s agree to make that effort. And let’s stop expelling talented, responsible young people who could be staffing our research labs or starting a new business, who could be further enriching this nation.

Opposition to the DREAM Act and to comprehensive reform has been based largely on reactionary anti-immigrant politics—politics that, as Obama said, shouldn’t trump human decency and economic sense.
 

PFAW

Congress Moves Closer to Passage of DREAM Act

Yesterday, in a 216-198 vote, the House passed the DREAM Act, a measure that lays out a path to citizenship for young adults who were brought to the United States illegally as children, and who graduate from high school with the commitment to attend college or join the military. Today, the Senate took a procedural vote that temporarily delayed action on the measure in order to build more support for its consideration in the coming week.

Michael B. Keegan, President of People For the American Way, issued the following statement:

Until the DREAM Act becomes law, tens of thousands of young Americans will continue to be treated as criminals in the only homes they know. The Senate must follow the House’s example and work quickly to eliminate what is a fundamental injustice in American law. We support Senator Reid’s efforts to gather enough votes to pass DREAM, and urge fair-minded senators to throw aside divisive anti-immigrant politics and act with common sense and compassion.

Calls are still needed to the Senate: 866-996-5161. Here are some talking points from the National Immigration Forum.

Why should your Senators support the DREAM Act?

•    Because the public supports it—70%, according to a recent poll by First Focus.

•    Because the military wants it.  Secretary of Defense Bill Gates recently wrote a letter to the DREAM Act’s sponsor in the Senate in support of the DREAM Act.  Retired Gen. Colin Powell has also spoken publicly in favor of the DREAM Act.  The DREAM Act will help the military meet recruitment goals, because one of the ways students will qualify is to serve in the military.

•    Because taxpayers deserve a return on their investment.  Allowing immigrant students to continue their education and achieve their potential will translate into better jobs and higher tax revenue when these promising young people enter the workforce.  A single-minded focus on enforcement, as proposed by anti-immigrant Members of Congress would deny taxpayers this return on investment, and result in higher deficits, cuts in other programs, or higher taxes to pay to deport these immigrant youth.

Also from the National Immigration Forum, the story behind today’s Senate action.

The Senate vote on a motion to table the DREAM cloture vote, which took place moments ago, reflected a strategic decision to buy time to build more support for the DREAM Act.

If you were watching the vote or saw a headline about it, you may have been puzzled as to why Senate Leader Reid made a motion to table his own cloture motion, and why so many Democrats voted for it.  Why did this happen?

It’s complicated.  Republicans have vowed to block every bill in the Senate until the issues of tax cuts and funding of the government for the current fiscal year are resolved.  Democratic leadership decided they would push back the DREAM vote until these other issues are resolved.  Once the tax cuts and government funding are dealt with, Republicans will not be able to use them as excuses to oppose the DREAM Act.

However: Senator Reid needed “Unanimous Consent” to withdraw his cloture motion and push back the vote.  He did not get it, forcing him to offer a motion to table the cloture vote. 

Procedural trick: By tabling the cloture vote, Democrats will be able to bring the DREAM Act up again in the coming days when the other issues have been resolved.

Bottom line: Our allies in the Senate know that DREAM supporters have momentum coming out of the House victory yesterday.  They want to take the additional time, remove excuses now being made by Republicans, and cultivate more support for DREAM in the Senate.

A real vote on DREAM in the Senate will be scheduled later.  Please continue to contact your Senators and tell them to support the Dream Act.

Here again is the phone number you can call to be patched through to your Senators offices: 866-996-5161.

We will keep you posted as more information becomes available on the schedule for a Senate vote on the DREAM Act.
PFAW

DREAM Act up today in the House and Senate, DOD/DADT looming

We are now certain that today is the day for the DREAM Act in both the House and Senate. Please keep calling! 866-967-6018 for the House. 866-996-5161 for the Senate.

To assist you in your calls, here are some talking points from the National Immigration Forum.

Why should your Representative support the DREAM Act?

•    Because the public supports it—70%, according to a recent poll by First Focus.

•    Because the military wants it.  Secretary of Defense Bill Gates recently wrote a letter to the DREAM Act’s sponsor in the Senate in support of the DREAM Act.  Retired Gen. Colin Powell has also spoken publicly in favor of the DREAM Act.  The DREAM Act will help the military meet recruitment goals, because one of the ways students will qualify is to serve in the military.

•    Because taxpayers deserve a return on their investment.  Allowing immigrant students to continue their education and achieve their potential will translate into better jobs and higher tax revenue when these promising young people enter the workforce.  A single-minded focus on enforcement, as proposed by anti-immigrant Members of Congress would deny taxpayers this return on investment, and result in higher deficits, cuts in other programs, or higher taxes to pay to deport these immigrant youth.

After the Senate completes its afternoon votes, depending on the outcome, it’s possible that Majority Leader Reid could go back to the FY11 Defense authorization bill. As he has pledged:

We are also going to repeal the discriminatory don't ask, don't tell rule. We are going to match our policy with our principles and finally say that in America everyone who steps up to serve our country should be welcomed.

Republicans know they do not have the votes to take this repeal out of the Defense authorization bill, so they are holding up the whole bill. But when they refuse to debate it, they also hold up a well-deserved raise for our troops, better health care for our troops and their families, equipment such as MRAP vehicles that keep our troops safe, and other critical wartime efforts in Afghanistan and counterterrorism efforts around the world.

We’ve been waiting 17 years for the repeal of Don't Ask, Don't Tell. But our troops are also waiting. Click here to contact your Senators, and here for information about this Friday’s rally at the Capitol.

PFAW

Arizona, Immigration, and the Supreme Court

Stepping into the increasingly volatile and contentious debate over immigration, the Supreme Court will hear oral arguments tomorrow on how far the state of Arizona can go to prevent employers from hiring undocumented aliens. The case is Chamber of Commerce v. Whiting.

The case involves a 2007 Arizona law that punishes employers who knowingly hire undocumented aliens by suspending or revoking most of their state licenses. The Chamber of Commerce argues that the law is preempted by the federal Immigration Reform and Control Act of 1986 (IRCA).

IRCA prohibits the hiring of undocumented aliens and sets forth procedures employers must follow before hiring someone and the sanctions they will incur for violating the law. Most importantly, IRCA expressly preempts local and state laws creating sanctions (other than through licensing and similar laws).

It is the "licensing and similar laws" clause that is crucial in this case, because the draconian punishment set forth in the Arizona law is the suspension and revocation of "licenses," a term defined so broadly in the statute that it even includes a company's articles of incorporation.

The Court will also decide whether Arizona can lawfully require employers in the state to use a federally-administered electronic employment verification database called E-Verify - a database that federal law expressly makes voluntary.

Agreeing with the Chamber that the Arizona law is unconstitutional are the Obama Administration and an array of civil rights groups (such as the National Council of La Raza and the Anti-Defamation League).

When the Court issues its ruling next year, it may give clues on how it might rule on Arizona's more recent "your papers please" law, which has yet to work its way up to the Court.

PFAW

Action Alert: Keep making calls on the DREAM Act

The House vote on the DREAM Act is now expected next week. Please keep calling! 866-967-6018

To assist you in your call, here is the action alert from the National Immigration Forum.

The DREAM Act is moving closer to a vote in the House, and anti-immigrant Members of Congress are getting ready.  They are circulating their familiar talking points referring to the DREAM Act as a “mass amnesty,” and claiming that it would result in the “crowding out” of U.S. citizens from U.S. public universities.

We need you to call your representatives to push back on anti-immigrant falsehoods.

Please call your Representative TODAY.
  Use this number: 866-967-6018, and your call will be directed to the office of your Representative.  Ask your Representative to support a vote on the DREAM Act and to vote for passage of the Act.

Briefly, the DREAM Act would give legal status to immigrant youth who were brought here by their parents and who subsequently grew up here, went to school here and now want to go to college or serve in our military.  They are American in every way except their paperwork.

Why should your Representative support the DREAM Act?

•    Because the public supports it—70%, according to a recent poll by First Focus.

•    Because the military wants it.  Secretary of Defense Bill Gates recently wrote a letter to the DREAM Act’s sponsor in the Senate in support of the DREAM Act.  Retired Gen. Colin Powell has also spoken publicly in favor of the DREAM Act.  The DREAM Act will help the military meet recruitment goals, because one of the ways students will qualify is to serve in the military.

•    Because taxpayers deserve a return on their investment.  Allowing immigrant students to continue their education and achieve their potential will translate into better jobs and higher tax revenue when these promising young people enter the workforce.  A single-minded focus on enforcement, as proposed by anti-immigrant Members of Congress would deny taxpayers this return on investment, and result in higher deficits, cuts in other programs, or higher taxes to pay to deport these immigrant youth.

Call your Representative TODAY and ask him or her to support the DREAM Act.  Call 866-967-6018.

For more information, go here.

A vote is also looming in the Senate. Contact info for your Senators is available here.

PFAW

Action Alert: A House vote on the DREAM Act is expected tomorrow morning

A House vote on the DREAM Act is expected tomorrow morning. Call 866-967-6018 now to be connected to your Representative.

To assist you in your call, here is the action alert from the National Immigration Forum.

The DREAM Act is moving closer to a vote in the House, and anti-immigrant Members of Congress are getting ready.  They are circulating their familiar talking points referring to the DREAM Act as a “mass amnesty,” and claiming that it would result in the “crowding out” of U.S. citizens from U.S. public universities.

We need you to call your representatives to push back on anti-immigrant falsehoods.

Please call your Representative TODAY.
  Use this number: 866-967-6018, and your call will be directed to the office of your Representative.  Ask your Representative to support a vote on the DREAM Act and to vote for passage of the Act.

Briefly, the DREAM Act would give legal status to immigrant youth who were brought here by their parents and who subsequently grew up here, went to school here and now want to go to college or serve in our military.  They are American in every way except their paperwork.

Why should your Representative support the DREAM Act?

•    Because the public supports it—70%, according to a recent poll by First Focus.

•    Because the military wants it.  Secretary of Defense Bill Gates recently wrote a letter to the DREAM Act’s sponsor in the Senate in support of the DREAM Act.  Retired Gen. Colin Powell has also spoken publicly in favor of the DREAM Act.  The DREAM Act will help the military meet recruitment goals, because one of the ways students will qualify is to serve in the military.

•    Because taxpayers deserve a return on their investment.  Allowing immigrant students to continue their education and achieve their potential will translate into better jobs and higher tax revenue when these promising young people enter the workforce.  A single-minded focus on enforcement, as proposed by anti-immigrant Members of Congress would deny taxpayers this return on investment, and result in higher deficits, cuts in other programs, or higher taxes to pay to deport these immigrant youth.

Call your Representative TODAY and ask him or her to support the DREAM Act.  Call 866-967-6018.

For more information, go here.

A vote is also looming in the Senate. Contact info for your Senators is available here.

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Empowered GOP Seeks to Sink Immigrant Rights

The Republican Party’s virulently anti-immigrant rhetoric and policies are far from mere political tactics, as GOP members of Congress usher in a radical agenda to rollback the rights of immigrants and their families. Iowa Rep. Steve King, who has appeared with violent vigilante groups and has referred to undocumented immigration as both a “slow-motion Holocaust” and a “slow-motion terrorist attack,” is set to chair the House Judiciary Committee’s subcommittee on immigration. Members of the House Republican Freshman Class, including Pennsylvania’s Tom Marino and Florida’s Allen West, frequently used immigrant-bashing in their campaigns, and Louisiana Senator David Vitter made demonizing immigrants the cornerstone of his reelection campaign.

Two new reports today demonstrate how extreme the Republican Party is moving to not only oppose immigration reform but also to undermine one of the most important protections guaranteed by the US Constitution:

GOP Rep. Steve King of Iowa, the incoming chairman of the subcommittee that oversees immigration, is expected to push a bill that would deny "birthright citizenship" to such children.

The measure, assailed by critics as unconstitutional, is an indication of how the new majority intends to flex its muscles on the volatile issue of illegal immigration.

The idea has a growing list of supporters, including Republican Reps. Tom McClintock of Elk Grove and Dan Lungren of Gold River, but it has aroused intense opposition, as well.

"I don't like it," said Chad Silva, statewide policy analyst for the Latino Coalition for a Healthy California. "It's been something that's been a part of America for a very long time. … For us, it sort of flies in the face of what America is about."

Republicans are also gearing up to defeat the DREAM Act, which would allow students and military servicemembers who came into the country illegally as children and have a clean criminal record to gain a pathway to citizenship. Even though the DREAM Act has historically garnered bipartisan support, Politico reports that Republicans on the Hill are trying to deceptively tar the bill as amnesty for criminals:

Already, GOP staffers have begun circulating to senators and conservative groups a white paper outlining what they see as the social and financial costs of passing the Development, Relief and Education for Alien Minors Act.

“In addition to immediately putting an estimated 2.1 million illegal immigrants (including certain criminal aliens) on a path to citizenship, the DREAM Act would give them access to in-state tuition rates at public universities, federal student loans and federal work-study programs,” said the research paper, being distributed by Alabama Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee.



The bill’s backers, though, say it outlines a “rigorous and lengthy process” for legalization, hardly the amnesty plan that opponents have depicted.

Eligible immigrants must have entered the U.S. before age 16, have been in the country for at least five consecutive years before the bill’s enactment and been at least under age 35 at the time of enactment; been admitted to a college or earned a high-school diploma or GED certificate; and have no serious criminal record.

A recent Rasmussen poll found that a majority of Americans believe that “children brought to the U.S. illegally should get a chance at citizenship if they complete two years of college or participate in the military,” and military leaders have called on Congress to pass the DREAM Act as a way to strengthen the country’s armed forces. A study by UCLA’s North American Integration and Development Center states that the DREAM Act both “offers a moral solution to the trap of being a young, motivated, undocumented immigrant in the U.S.” and is “an economically sensible piece of legislation that advances the interests of U.S. society as a whole.”

However, the extreme anti-immigrant sentiment that is pervasive within the GOP stands in the way of reasonable efforts at reform, and even leads to radical legislation that challenges the 14th Amendment of the US Constitution.

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The Most Outrageous Ads of the Election

This election cycle has experienced a massive flood of political spending following the dramatic weakening of campaign finance laws in cases such as Citizens United and SpeechNow. According to Political Correction, between August 1st and October 29th, the ten biggest right-wing groups, many of which are backed by contributions by corporations and don’t publicly disclose their donors, have spent about $100 million to air 109,826 ads. Many of the conservative candidates and organizations have been employing false claims and polarizing smears in their ads meant to foment cultural divisions and discredit progressive legislation. Here are just a handful of the most outrageous and irresponsible ads used this election year:

Anti-Muslim Rhetoric

The Right Wing has used the Park51 Community Center as a way to provoke fear, stoke divisions, and promote intolerance. The debate surrounding the community center has been riddled with attacks on religious freedom and baseless claims that the project’s organizers have ties to extremist groups, and the right has attempted to make the community center in Lower Manhattan an election issue in places like Iowa and North Carolina.

American Future Fund:

Renee Ellmers (Republican nominee, NC-02)

Anti-Health Care Reform

The recently passed health care reform law has been hammered by outside groups and conservative politicians with numerous dishonest and misleading attacks. Independent fact checkers have confirmed that the law does not use taxpayer funds to pay for abortion or drugs like Viagra for sex offenders. Other false and deceptive claims include allegations that the reform law establishes death panels, creates an army of IRS agents to arrest people without coverage, cuts Medicare benefits, and leads to the government takeover of the health care system.

American Action Network:

Susan B. Anthony List & CitizenLink (Focus on the Family Action):

Anti-Immigrant Extremism

Conservative politicians are taking cues from the Right Wing Playbook on Immigration Reform by attempting to portray Latinos in America as violent criminals who threaten White Americans. While smearing Comprehensive Immigration Reform and the DREAM Act, such anti-immigrant ads unfairly depict Latinos as invaders, gangsters, and welfare-beneficiaries. Even Sharron Angle tried to distance herself from her campaign’s ads by claiming that they are not Latinos but could actually be “terrorists” from Canada.

Sharron Angle (Republican nominee, NV-SEN):

Sen. David Vitter (Republican nominee, LA-SEN):

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Right-Wing Group to Nevada Latinos: “Don’t Vote”

Republican-affiliated groups have been getting less and less subtle in their attempts to prevent those likely to be Democrats from voting. There was the voter-caging operation in Wisconsin that sought to scare young and minority voters away from the polls in the name of preventing the proven non-problem of “voter fraud.” There was Illinois Senate candidate Mark Kirk suggesting that poll watchers be sent to predominantly black districts, “where the other side might be tempted to jigger the numbers.” But enough of the dog whistle. A Republican-affiliated group called “Latinos For Reform” has made an ad simply telling Latinos in Nevada: “Don’t Vote." Here's the English transalation:

 The organization’s president, conservative Unavision pundit Robert Desposada, has acknowledged that Republican Senate candidate Sharron Angle would do nothing to advance immigration reform. "I can't ask people to support a Republican candidate who has taken a completely irresponsible and bordering on racist position on immigration," he told Politico.

For someone who thinks Angle’s positions are “irresponsible” and “bordering on racist,” he seems awfully interested in getting her elected.

Update: Univision has refused to air the ad.

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