Illegal Immigration

[Soldier4Christ]

Wisconsin AG says state can't issue licenses to illegals 
Says state law bars undocumented immigrants from receiving professional certification

Undocumented immigrants are barred from receiving professional licenses issued by the state, Attorney General J.B. Van Hollen says in an opinion.

In a letter Thursday to Celia Jackson, secretary of the Department of Regulation and Licensing, Van Hollen noted that while there are no Wisconsin laws that limit the eligibility for professional licenses or credentials to legal residents, federal law prohibits the department from "granting any professional license or credential to an alien who is present in the United States illegally."

Van Hollen also said that the department "must put in place some kind of procedure practicably designed to reasonably ensure that it does not issue licenses or credentials in violation of federal law."

Van Hollen spokesman Kevin St. John said that this opinion only affects licensing requirements and does not necessarily have any impact on other state benefits.

"We wouldn't speculate on what other benefits would be affected," he said.

The Department of Regulation and Licensing issues licenses and credentials to acupuncturists, chiropractors, accountants and others in the health and business professions. Jackson did not return phone calls seeking comment on the opinion or clarification of the department's current policy regarding the legal status of applicants.

But in a letter to Van Hollen in July, the agency's interim general counsel, Debra Kraft, wrote that a recent check of the Social Security numbers of more than 350,000 credential holders turned up "a small but significant number of credential holders' Social Security numbers" that were not valid.

She said that some of the invalid numbers were determined to be the result of database entry errors and some were federal employer identification numbers. "The reasons for the other invalid numbers have not been determined," she added.

Kraft noted that the department is required to collect Social Security numbers during the application process. If applicants do not have a Social Security number, they are asked to complete a form from the Department of Workforce Development and check "other."

She asked Van Hollen to clarify the legal ramifications for the agency if an applicant who marks "other" is in the United States without legal authority.

In his opinion, Van Hollen said the 1996 Personal Responsibility and Work Opportunities Reconciliation Act, which overhauled welfare, established a "national policy to remove the incentive for illegal immigration provided by the availability of public benefits." He said it was Congress' intent to preempt existing state laws dealing with the eligibility of immigrants for public benefits.

Under the law, Van Hollen added, "any state that wants to act contrary to federal policy has to make an affirmative legislative determination to do so." In the absence of such a law, however, "states are prohibited from providing illegal aliens with any public benefits other than those few benefits specifically excepted under the federal law."

[Soldier4Christ]

Feds uncover fake license scheme for illegals 
Man faces 470 years for providing 350 documents – some to those from terror-linked states

Hundreds of individuals who were in this country illegally have taken advantage of a window of opportunity that allowed them to obtain official Texas licenses.

According to the U.S. attorney’s office, the alleged mastermind of this scheme is an Israeli-born taxi driver named Isaac Banai.  He came to the United States in 1984 and married an American woman the following year.  In 1996, he became a naturalized citizen. He now lives in an upscale neighborhood in far North Dallas.

A 32-count indictment charges Banai with helping more than 350 illegal immigrants get official Texas driver's licenses, despite the fact that their visas had expired or never existed.  Some of those illegal immigrants were from countries with terrorist ties -- like Egypt, Syria, and Iraq.  If convicted, Banai faces 470 years in prison.

Senator John Carona is chairman of the Committee on Transportation and Homeland Security, and says his committee will hold hearings next month to find out how this could have happened. “All of us in government have to take responsibility for it,” he said.  “And even more important is stepping in and fixing the problem.  Anytime you see a breakdown of agencies, it frustrates you, candidly it angers you.  Above all, it gives you reason to be a bit concerned, if not fearful.”

Sen. Carona told News 8 that authorities have not determined how the licenses have been used by the individuals who obtained them, but said, “I think it's safe to say it's not for a wholesome purpose.” 

The licenses were obtained between 2003 and 2005, and even now Senator Carona says no one knows whether this was a case of foreign nationals just wanting to stay in the U.S. -- or something more sinister.  But whatever the motive, he says pulling off the scheme was surprisingly easy.

Federal officials say Isaac Banai put an ad in a New York newspaper that promised he could create a new identity — complete with an authentic driver’s license — for $500.  It didn't take long before dozens of people were flying to Dallas to take advantage of his once-in-a-lifetime offer. According to the indictment, he had town cars waiting at DFW International Airport.  Customers were whisked into Dallas, given a crash course on how to pass the Texas driver’s test, and then taken to the nearest dept of motor vehicles office to apply for a Texas driver’s license.  One by one, the illegal applicants declared they had just moved to Texas and gave their new address which turned out to be a Motel 6 in Dallas.

“It really gives you a sick feeling, not just as a legislator, not just as a chair of this committee, but as an average Texan,” Carona said about the security lapse.  “Tragically, this many years after 9/11 we shouldn't be seeing these sorts of problems, but we are.”

State officials believe Isaac Banai was also behind a second scam that managed to get vehicle inspection stickers and texas plates for hundreds of vehicles, despite the fact that the cars were not in Texas but on the east coast.  .

“I can assure you, people recognize this as a serious error, not a minor one, and that these kinds of breaches of security, especially in this age of heightened homeland security and awareness just can't continue,” Sen. Carona said.

One of the biggest problems, he said, is that none of the agencies involved are linked to a computerized system that can identify fraud, but now “the agencies are looking at the holes in the system that allowed these individuals to exploit the system.”

The Department of Public Safety said that without the names of the service stations that did those fake inspections, it can't take action against them.  And, although the U.S. Attorney alerted the agency that hundreds of licenses had been illegally obtained, it took more than a year before the licenses were finally canceled.  The DPS does plan to overhaul its computer system early next year.   

The only person arrested so far has been Isaac Banai, the taxi driver who lives here in Dallas.  He has pleaded not guilty.  Authorities believe most of the 350 illegal immigrants who came to Dallas and got new identities have returned to the east coast armed with everything they need to claim they are U.S. citizens.

“Those credentials are in the hands of people who shouldn't have them,” Carona said, “and that's of great concern to all of us.”

[Soldier4Christ]

U.S. territory hits 'amnesty' as threat

A U.S. territory in the Pacific is battling to stop Congress from imposing federal guest-worker rules and an "amnesty" for current temporary workers, saying aliens could then use the territory as an entry point to get into other places in the U.S.

The government of the Commonwealth of the Northern Mariana Islands (CNMI) says two bills working their way through Congress to impose federal immigration law on the territory would go back on the 1976 convention with the U.S. and put the islands' economy, already reeling, into a tailspin.

"We think we're much better qualified to administer to our own needs, as opposed to bureaucratic federal offices 9,000 miles away," said Richard Pierce, a special assistant to CNMI Gov. Benigno R. Fitial. "Before this is done, people with expertise in immigration should be working with these congressional committees to make sure they truly understand this is going to create a new class of permanent residents we've never had before."

But those pushing the bill say CNMI, which currently writes its own rules for immigration, is a magnet for human trafficking and is a huge hole in U.S. homeland security. They say the only solution is to impose the U.S. federal immigration system, which would include a new legal status for some long-term foreign workers.

"The CNMI's immigration system must be federalized as soon as possible," David B. Cohen, an Interior Department official, told the Senate at a hearing in July.

Congress has given up hope for a broad immigration bill this year, but the CNMI bills could turn into another round in the immigration debate, particularly if the legislation includes a new legal status for some of the islands' current guest-workers.

The sponsors of the bills — Sen. Daniel K. Akaka, Hawaii Democrat, and Delegate Donna M.C. Christensen of the U.S. Virgin Islands in the House — are redrafting their legislation, promising to take the islands' concerns into consideration. They want to accommodate Hawaii and Guam, which both fear an influx of workers with new legal status under the bills.

House members even held a field hearing in the islands over the summer to get a firsthand look.

We took the hearing very seriously, and we've gotten a lot of comments from people like the governor and resident representative in Washington, and all of those things are being taken into consideration," said Mrs. Christensen, a Democrat.

But with a military buildup planned for nearby Guam, homeland security in the area is becoming a higher priority. CNMI's immigration system is seen as a gaping hole in that security, and the solution is federal law.

"It's pretty clear that it was never intended that CNMI would have control over their immigration forever," Mrs. Christensen said.

CNMI's economy is dependent on garment factories and cheap foreign labor, mostly from Asian nations. About half of the islands' 60,000 residents are temporary workers — some of them who have been in CNMI for years, but without any long-term stability or a chance at citizenship. That leaves CNMI's immigration system assailed by both sides in the debate in Washington.

Those who generally favor a more lenient approach to immigrants say the islands' system is exploitative and point to government studies that show a high level of human trafficking. Those who want a crackdown on illegal immigration and limits on legal immigration also see CNMI's system as a way to circumvent federal rules and import cheap foreign labor.

With changes in the global economy, CNMI already has lost its competitive edge in garment-making, and jobs are fleeing. That has left an acute problem of what to do with longtime guest-workers who now face layoffs.

The pending legislation would grant longtime temporary workers renewable visas good for five years, which CNMI officials say amounts to amnesty. They fear those workers will leave immediately for better-paying jobs in Hawaii or Guam.

The numbers are small by U.S. standards. Backers say about 8,000 would be eligible for new work status under the drafts of the bills, though CNMI officials say it could be several thousand more. They are urging Congress to wait for a study being conducted by the Government Accountability Office.

"Some, I suppose, would consider this an 'amnesty' of sorts for many that would currently seek to use the CNMI for gaining a status within the U.S. system," Mr. Pierce said.

[Soldier4Christ]

'U' visas give illegal alien crime victims chance to permanently remain in U.S.

An immigration reform organization is concerned that a new visa program -- designed for illegal aliens who become crime victims -- might lead to widespread abuse.

The 2000 Victims of Trafficking and Violence Protection Act established what has come to be known as the "U" visa. The program is designed to encourage illegal aliens to report crimes against them in return for the right to remain in the U.S. and eventually apply for permanent residency. After a long delay, the U.S. Citizenship and Immigration Services, a division of the Department of Homeland Security, is finally starting to process those visa requests.

Jessica Vaughan, a senior policy analyst for the Washington, DC-based Center for Immigration Studies, says that on paper the program looks tightly controlled and "that the victim of the crime has to be certified by a law enforcement agency and also that they have information that could lead to the conviction of the perpetrators."

However, Vaughan says her organization questions the need to give victims permanent residency. "I think we have to make sure that their cooperation with law enforcement is so overwhelmingly compelling that it is worth giving them a Green Card," she states.

Vaughan says she is concerned that the "U" visa program will encourage some illegals to abuse the system in order to get a free pass to stay in the United States. She also questions the rational behind the program saying that it is based on a myth that officials do not get cooperation from victims and that victims have something to fear from the law enforcement officials. According to Vaughan, that myth is being spread by immigration advocates who work full-time to thwart enforcement of existing immigration laws.

[Soldier4Christ]

Irving jail sees sharp decline in illegal immigrants
Media storm over deportations may have people steering clear of the Dallas suburb.

The number of illegal immigrants detained in the Irving jail has dropped by more than 40 percent since intense media attention and protests erupted in September over the city's collaboration with federal immigration authorities.

Illegal immigrants are probably staying out of Irving or keeping low profiles to avoid attention by police, experts and illegal immigrants said. Immigrant advocates said their demonstrations helped spread the word about the city's efforts.

The Dallas suburb screens everyone booked into its jail, and refers suspected illegal immigrants to the federal Immigration and Customs Enforcement agency. More than 1,700 suspected illegal immigrants have been turned over to ICE since Irving police started its Criminal Alien Program in September 2006.

An average difference of 67 people a week in September versus 39 a week in October were turned over to ICE or scheduled to be turned over.

In July and August, 256 and 253 respectively were turned over to federal officials.

Police officials declined to comment. Mayor Herbert Gears said the city's police policy has not changed.

"It looks as though people's behavior patterns have changed to some degree," Gears said. "Eventually, the numbers would naturally come down."

Mexican Consul General Enrique Hubbard Urrea said the numbers might also have dropped because police are more careful not to racially profile Hispanics.

"We had a lot of complaints at the beginning of what sounded like racial profiling. I don't have any way to prove that's what happened," he said. "But those kind of complaints have dropped."

Hubbard, who heads the Dallas-based consulate, raised the alarm about Irving last month when he noticed that many Mexican nationals were turning up in ICE's detention center. Consulate officials have the right to speak with their citizens held in American jails.

Hispanic activists organized anti-deportation protests, which were attended by hundreds of area residents. The controversy attracted heavy media coverage, including attention from national media outlets such as CNN and "Good Morning America."

Activist Carlos Quintanilla, said the demonstrations prompted people to be more careful to avoid arrest and forced police to back off some.

"I think the city of Irving has somewhat diminished its deportations," he said. "That doesn't mean we're happy with the deportations. We want zero deportations, and we want an end to the Criminal Alien Program. We will continue to keep pressuring until it's down to zero or a much smaller number that is acceptable."

Alejandro del Carmen, chairman of the Criminology Department at the University of Texas at Arlington, said Irving's policy has not controlled illegal immigration, but probably pushed it to other cities.

"It may very well be that a lot of Hispanics or particularly illegal aliens are avoiding entering, living or being associated with the city of Irving," he said.

Hubbard said he wants to issue identification cards to Mexicans, in hopes that they can avoid arrest for failure to identify oneself during traffic and other stops.

Gears has said the ID cards might help people identify themselves, but will not exempt them from any arrestable offense.

[Soldier4Christ]

Alejandro del Carmen, chairman of the Criminology Department at the University of Texas at Arlington, said Irving's policy has not controlled illegal immigration, but probably pushed it to other cities.

That's exactly what has happened and the very reason that other sities and states need to do the same thing.

[nChrist]

If immigration does their job and picks up illegal aliens from local authorities in a timely manner, there is no excuse for any city to ignore enforcement of the law. It hasn't been that long ago that immigration didn't pick them up at all, and it bankrupted jail budgets. As a result, police were ordered to stop arresting illegal aliens for many years in most parts of the country.

Many of our problems today are a direct result of higher levels of government refusing to do their duty. It isn't a matter of choice, and there are civil and criminal consequences for dereliction of duty. It's only right that the ones at the top should be charged first. Securing our borders isn't a matter of choice either, and the same consequences apply to dereliction of duty.

[Soldier4Christ]

Illinois used to have a fairly good program on dealing with illegal aliens until Gov Rod Blagojevich started changing the laws against the will of the people to aid the illegals. Now we have even a greater influx of illegals. It has created a great number of problems here. Yes, these people need to be prosecuted and jailed for failing to properly execute their duties for the people.

[HisDaughter]

If immigration does their job and picks up illegal aliens from local authorities in a timely manner, there is no excuse for any city to ignore enforcement of the law. It hasn't been that long ago that immigration didn't pick them up at all, and it bankrupted jail budgets. As a result, police were ordered to stop arresting illegal aliens for many years in most parts of the country.

Many of our problems today are a direct result of higher levels of government refusing to do their duty. It isn't a matter of choice, and there are civil and criminal consequences for dereliction of duty. It's only right that the ones at the top should be charged first. Securing our borders isn't a matter of choice either, and the same consequences apply to dereliction of duty.

Amen to that Blackeye!  And speaking of dereliction of duty...I'm sure you're heard that congress wants to start taking a 3 day weekend?  Which surprises me because I've been under the impression that they have all been on an extended leave of absence!

[Soldier4Christ]

Amen to that Blackeye!  And speaking of dereliction of duty...I'm sure you're heard that congress wants to start taking a 3 day weekend?  Which surprises me because I've been under the impression that they have all been on an extended leave of absence!

[nChrist]

Amen to that Blackeye!  And speaking of dereliction of duty...I'm sure you're heard that congress wants to start taking a 3 day weekend?  Which surprises me because I've been under the impression that they have all been on an extended leave of absence!

       

The only way we know that they've been to work these days is scandals, attempts to finish driving GOD out of the land, and more messes that are harder and harder to fix. It would be much more positive if they didn't come to work at all, and it would be cheaper for the people if they stayed home.

[HisDaughter]

     

The only way we know that they've been to work these days is scandals, attempts to finish driving GOD out of the land, and more messes that are harder and harder to fix. It would be much more positive if they didn't come to work at all, and it would be cheaper for the people if they stayed home.

True, true and so true! 

[Soldier4Christ]

Feds to hold 'sanctuaries' accountable 
'We're not going to tolerate people blatantly disregarding our laws'

Sanctuary cities – whether their law enforcement personnel deliberately obstruct federal immigration enforcement or simply ignore such violations when they encounter them – soon could be facing the wrath of the federal government in court, according to the Department of Homeland Security.

Homeland Secretary Michael Chertoff recently told a congressional committee he didn't intend to "tolerate interference" by sanctuary cities that would block companies from participating in such programs as "E-Verify," which allows workers' IDs to be checked before hiring.

"I intend to take as vigorous legal actions as the law allows to prevent that from happening, prevent that kind of interference," he told Congress.

Within days, the first fruits of that promised were revealed, with a lawsuit against the state of Illinois over a legislative proposal signed into law by Gov. Rod Blagojevich.

According to published reports Illinois is "complicating" efforts by federal agents with a state law that virtually blocks corporations from participating in the program that was set up to verify if new employees have legal standing to work in the United States.

"The state of Illinois has now made it illegal to comply with federal law," Chertoff told reporters when the action was filed. "That's not acceptable as a matter of the Constitution."

Illinois already had become famous among sanctuary supporters, since one of the higher profile cases in recent months involved Elvira Arellano, who came into the United States illegally, was deported, returned, and when facing another deportation took refuge in Adalberto United Methodist Church in Chicago.

She remained there for months before traveling to California where she was arrested and deported from Los Angeles.

When the lawsuit was announced, reporters speculated the high profile Chertoff gave it was meant as a warning to other states and cities that also may be involved in such "sanctuary" issues. A department spokeswoman, Veronica Nur Valdez, told WND the department has committed to doing what it needs to, "up to and including legal action" to make sure everyone is working on the same page of immigration law enforcement.

"The lawsuit is in regard to E-Verify, a voluntary program. It's free and simple to use. It's an online program where employers can match up new hires' information with government databases and basically know with a matter of minutes whether that person is eligible to be hired," she said.

"It's a tool meant to serve employers who want to act in good faith and take appropriate steps and make sure they hire legal employees," she said. More than 30,000 companies already are taking part. The lawsuit said the program answers about 93 percent of such inquiries immediately or the next day, while the rest take longer.

Illinois' new Right to Privacy at Work Act, however, bans participation in the program until Homeland Security reports it can do 99 percent of all investigations and return the final results within three days.

Blagojevich spokeswoman Abby Ottenhoff said it was passed to "protect employees" from what she described as "unfair treatment under the federal government's flawed Basic Pilot Program."

The federal government, however, views the Illinois law as an infringement of the U.S. Constitution's supremacy clause, which elevates federal law over state or local rules.

"What we can't do when we pass a federal law is have the states decide they want to modify that law," Chertoff told reporters then.

Valdez told WND the state law is impeding the federal agency's ability to carry out its responsibilities to the U.S. citizens.

"We're very committed to our responsibility to the American people," she said. "We are using the law as it is written and enforcing it as best we can. We're very committed to this.

"I think," she continued, "we're not going to tolerate people blatantly disregarding our laws. It's a disservice to our nation to have people turn a blind eye to our laws."

She said such cases won't all be identical, and probably won't be handled identically.

"I think what we have is fundamentally, our state and local governments are trying to impede the department and the federal government's responsibility to enforce our laws to the point that it's a concern," she told WND. "The secretary has made it clear we're not going to lay back. We will vigorously fight whatever [impedes] federal law."

Many argue over the exact meaning of a "sanctuary" city, county or state, but it's generally understood in those locations, which have been compiled and listed by organizations such as the Ohio Jobs & Justice Political Action Committee, apply a lower standard of enforcement to federal immigration laws than other laws.

Lawsuits might not be the only way that such "sanctuary" governments face a penalty, either.

U.S. Rep. Tom Tancredo, R-Colo., has for a number of years introduced legislation that would withhold federal emergency services funding from such cities.

To his surprise, the amendment attached to the funding bill for the Department of Homeland Security was endorsed by the U.S. House this year.

"The people of the country really have spoken," Tancredo told newspaper reporters then. "It's a really good indicator of just how much closer to the people the House is than the Senate." The vote was 234-189, with 50 Democrats supporting his plan.

Tancredo earlier had worked with other opponents of illegal immigration to post billboards in Denver, including one that said: "Welcome to SANCTURAY CITY … Relax, you made it!"

However, the city long has questioned that description, contending that city policies "comply" with federal law.

Tancredo, whose campaign for the 2008 GOP nomination for president has focused on immigration issues, also had ruffled feathers by urging the families of three young murder victims to consider suing Newark, N.J., over the city's "lax" immigration policies.

One of the suspects was identified as an illegal Peruvian immigrant who had had two earlier encounters with the law, being indicted twice on charges of child rape and aggravated assault. However, he was released on bail both times.

There, Mayor Cory Booker defended the less-than-stringent enforcement policy.

"Local law enforcement officials should not be going out asking, inquiring and investigating whether people are documented or undocumented," he told reporters.

A spokesman for President Bush earlier told WND that such resolutions and statements by local governments about their "sanctuary" offerings weren't anything the president would pursue.

But officials for an activist group, Americans for Legal Immigration, say they would offer a solution. The question at that point was a sanctuary designation by New Haven, Conn., so ALIPAC officials said they would circulate a promotion in more than three dozen states – urging illegal aliens to move to New Haven.

"Maybe New Haven needs to learn, if they want the illegals, then they'll get the illegals," ALIPAC President William Gheen told WND.

New Haven's plan was to offer illegals identification cards so they could use city services such as libraries. Supporters reported the cards will improve "public safety" and give the illegal aliens protections that already are given to legal residents.

New York also is embroiled in turmoil over the governor's proposal to grant illegal aliens drivers' licenses.

[Soldier4Christ]

Spitzer has second thoughts about licenses for illegals

NEW YORK - Facing growing pressure from his own party, Gov. Eliot Spitzer indicated he had not ruled out rescinding a heavily criticized plan to issue driver's licenses to illegal immigrants, according to published reports.

Spitzer's proposal has generated a politically charged debate that has reverberated in the presidential campaign. He said Friday he was standing by the plan for now, but he suggested he might consider backing off if he could not build enthusiasm for it, the reports said.

"I don't think there's ever been an executive, a president, a governor who hasn't put out ideas that at the end of the day there isn't support, and so things don't work out," the governor told reporters after meeting with Hispanic lawmakers in San Juan, Puerto Rico. "But as of now, sure, I think this is the right idea from a security perspective. We'll wait and see."

The Democratic governor has weathered intense criticism since he announced the license plan in September. He said giving driving credentials to people now "living in the shadows" would make traffic safer, shrink auto insurance premiums by insuring more drivers and boost security by identifying more immigrants.

But opponents in Albany and around the country have countered that there are security risks in giving government identification to as many as 1 million illegal immigrants in New York State. Some have also said the plan will encourage illegal immigration to the state.

Amid the outcry, Spitzer madde a deal with federal homeland security officials last month to create three New York State driver's licenses: one as secure as a U.S. passport for crossing the Canadian border, another for boarding airplanes, and a third that will not be valid federal identification but will be available to illegal immigrants and others for driving.

But criticism has continued. A Republican congressman from Long Island, Rep. Peter King, launched a bid to outlaw the plan this week, while some Republican candidates tried to capitalize on the issue in local elections around the state.

The topic has become an uncomfortable one for Democrats. New York Sen. Hillary Rodham Clinton, the Democratic front-runner in the presidential race, has come under scrutiny for her noncommittal remarks on the subject.

Clinton has said she supports governors like Spitzer who try to address the national problem of immigration, but has refused to say whether she supports or opposes Spitzer's actual plan.

[HisDaughter]

Feds to hold 'sanctuaries' accountable 
'We're not going to tolerate people blatantly disregarding our laws'

Well get started then.