rssImmigration Raid Rules Echo Bush Era
Wednesday, May 06, 2009 at 6:00 am
- 32 Comments
Homeland Security Secretary Janet Napolitano (dhs.gov)
When Immigration and Customs Enforcement officials raided the Yamato Engine manufacturing plant in Bellingham, Washington in February, it wasn’t just the 28 workers they arrested who were taken by surprise. The Department of Homeland Security in Washington — of which ICE is a part — didn’t know the raid was going to happen, either.
“I didn’t know about it beforehand,” DHS Secretary Janet Napolitano told the House Homeland Security Committee the next morning. “I want to get to the bottom of this as well.”
Illustration by: Matt Mahurin
Napolitano quickly put a hold on the controversial workplace raids, promising to create a new policy.
Last week, she indicated that she’d done just that as DHS issued new guidelines designed to govern the worksite raids. In an accompanying public “fact sheet”, DHS promised to target employers who hire undocumented workers instead of the workers themselves. DHS did not, however, promise to stop raiding worksites or arresting the illegal workers found there, leaving many advocates to wonder if the shift is more than window-dressing for the same old policy.
After all, President Bush’s Homeland Security Department had similarly pledged to target employers who hire illegal workers. “The days of treating employers who violate these laws by giving them the equivalent of a corporate parking ticket – those days are gone,” said Homeland Security Secretary Michael Chertoff in November 2007. “It’s now felonies, jail time, fines, and forfeitures.”
So how different are the new guidelines, and what do they signal about the administration’s support for a significant change in immigration policy?
“They’re saying they’re going to shift the focus from employees to employers,” said Jennifer Gordon, a law professor at Fordham University. “But they’re also explicitly saying they’re going to continue to carry out raids. If I were looking for guidance, I wouldn’t really know how to read that policy. Does it mean we’re not really doing raids, but not giving them up? I have a hard time reading into that.”
Mark Krikorian, director of the Center for Immigration Studies which advocates cracking down on illegal immigration and opposes legalization, agrees that the guidelines don’t represent a major change. “The new enforcement guidelines weren’t as bad as the anti-enforcement advocates hoped they’d be,” he said. “It made clear that illegal immigrants caught up in an enforcement action directed against an employer would still be taken into custody and deported.” The emphasis on employers, he says, “is not that new. Previous management at ICE had pursued criminal prosecution of employers as well.”
The guidelines do expand the use of so-called humanitarian guidelines developed by the Bush administration — designed to prevent prolonged imprisonment or deportation of some undocumented immigrants who are sole caregivers for small children or sick relatives — by applying them to workplaces with 25 or more illegal workers, rather than using the previous threshold of 150 illegal workers. Still, it doesn’t say that even these workers won’t be arrested, imprisoned or deported.
Many critics argue that worksite raids should be abolished altogether. At a rally in March in Chicago, Cardinal Francis George, head of the archdiocese there, called on the government “to end immigration raids and the separation of families” and support an overhaul of immigration law. House Speaker Nancy Pelosi (D-Calif.) and the Congressional Hispanic Caucus made similar calls a week earlier.
Under the Bush administration, arrests of undocumented immigrants grew 750 percent between 2002 and 2006, from 485 arrests to 3,667.
In addition to the humanitarian concerns, DHS critics complain that the raids deter workers from reporting employer violations of the labor and wage laws because employers can threaten to call ICE. They say workplace raids are also a failure if their goal is to target employers because they lead to the arrest of many more workers than bosses. In 2008, for example, large-scale raids resulted in more than 6,000 arrests, only 135 of whom were employers, according to DHS.
Krikorian calls that “political spin.” “There’s always going to be more employees than employers caught up in enforcement actions just because there are more workers than employers at a worksite. Also, it’s harder to make those cases against employers.”
Indeed, the law requires that the employer knowingly hired illegal workers. So long as the worker presents work authorization documents that “reasonably appear to be genuine and relate to the individual,” the employer is protected. Employers must record that information on what’s called an I-9 form, and submit that to the government. If a worker presents fake documents that look real, or that list a false social security number, the employer wouldn’t necessarily know that. So generally, only employers who don’t submit I-9′s for their workers at all, or fill them out fraudulently, or supply workers with the fake documents can be caught violating the law.
“DHS says they will target employers involved in smuggling undocumented workers or creating fake documents,” said Michelle Waslin, Senior Policy Analyst at the Immigration Policy Center, noting that her organization has had off-the-record conversations with DHS officials about the issue and says they’ve been receptive to advocates’ concerns. “But without a functioning immigration system, trying to go worker by worker or employer by employer doesn’t make sense.”
In fact, DHS could get much of the information it needs about employers simply by auditing their I-9 forms. “They can also question employees without arresting them, or give employees immunity from immigration consequences if they agree to testify against the employer,” said Gordon. “Any of these approaches is preferable to using raids as an investigative tool.”
Although Krikorian says on the one hand that “you need to have raids, just as you need to have speed traps or IRS audits,” he doesn’t disagree that they’re costly and not very effective. “It’s a question of prioritizing your resources. It is at least plausible to say that if you put the same resources into audits and prosecutions, you’ll get the same or maybe even better results. As long as you follow through to do that kind of enforcement.”
The new DHS guidelines make clear that the Obama administration is not prepared to give up on workplace raids anytime soon. Because they tend to get local media coverage, raids are an easy way for the government to call attention to its immigration enforcement efforts. “For an administration that wants to seem tough on immigrants, raids provide good theater,” said Gordon.
How ICE uses those raids going forward will depend in part on how much DHS headquarters in Washington tries to control the actions of local ICE offices. In the past, local ICE offices responded primarily to tips about a particular factory. The new guidelines suggest, and DHS officials have said, that Napolitano wants to use raids as part of more comprehensive and targeted investigations of employers. The new guidelines require ICE offices to “obtain indictments, criminal arrest or search warrants, or a commitment from a U.S. Attorney’s Office” to prosecute the employer before arresting employees for civil immigration violations, for instance.
Presumably, after the Bellingham incident, DHS will also require ICE to notify Secretary Napolitano’s office before raiding a workplace and arresting the dozens of undocumented workers they find there.
32 Comments
Comment posted May 6, 2009 @ 4:43 am
This lady gotta go.How about that memo,she might as well said(Anyone who disagrees with Obama could be an extremist)….Classic
Comment posted May 6, 2009 @ 5:08 am
Napalitano doesn't know how the 9/11 terrorists got into our country, doesn't know that stealing across our borders really is a crime, says the destruction of the Twin Towers and the Pentagon wasn't done by terrorists(she calls them man-made disasters) and says that all war vets, conservatives, Christians and environmentalists just may be possible terrorists. You just get a warm fuzzy feeling knowing that she is in charge of protecting America's borders. Well, at least Arizona is safer, now that she's gone.
Comment posted May 6, 2009 @ 5:26 am
this department and Nepalitano remind me of the KGB of Russian fame! also, A Warning from South Africa!
http://beyondbabylon.blogspot.com/2007/03/warni…
great video! watch it!!
http://www.fulldisclosure.net/flash/VideoBlogs/…
Boy, am I confused. They are here “ILLEGALLY!” I find any bill advocating thier rights RIDICULIOUS.
WHAT PART OF ILLEGAL DO YOU NOT UNDERSTAND? Our forefathers buit this country into what it is!!!!!
We are letting it slip away!!!
Comment posted May 6, 2009 @ 6:50 am
Ten percent of all Mexicans are living in the U.S. and having more kids here than their counterparts back home. Is adding millions of aliens yearly consistent with our goals to reduce energy use, water use, improve our schools, move toward universal health care, etc? Of course not.
“Mercy to the guilty is cruelty to the innocent.” – Adam Smith, economist and ethicist
Everything you need to know about immigration and what to do about it humorously told.
http://www.youtube.com/watch?v=cBw1nUlf38I
(Roy Beck and NumbersUSA are the “gumball” heroes)
http://www.youtube.com/watch?v=n7WJeqxuOfQ
Pingback posted May 6, 2009 @ 8:20 am
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Comment posted May 6, 2009 @ 9:20 am
and kick all the H-1B visa holders to the curb while your at it !
Pingback posted May 6, 2009 @ 10:54 am
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Comment posted May 6, 2009 @ 2:02 pm
One of the misleading selling points of “reform” is that it would include ramped-up enforcement. Yet, all the people who support “reform” are currently opposing enforcement in one way or another. That includes some calling it “un-American” or calling ICE the “Gestapo” (no, really).
Perhaps if Eviatar wants to do some real reporting, she can ask one of those “advocates” why we should trust them. If they get their “reform”, will they stop calling ICE the “Gestapo”? Isn't it about 100% certain that those same people who oppose enforcement now will oppose it after “reform”?
Comment posted May 6, 2009 @ 4:24 pm
You are idiot!!! your forefathers killed local indians and stole their land and now you the rightful owner??? I don't think sou. America is country of immigrants – point blank.
And only fascist like you DO NOT UNDERSTAND THIS!!!
Comment posted May 6, 2009 @ 5:50 pm
The facts are criminal illegal aliens have overun and now now occupy much of the United States.
The illegal invasion has cost every genuine American citizen a part of his life and privilege as a result. The Federal Government has failed to protect the nation against illegal invasion by foreign residents.
The fact is our own Government, whom we've fought and given our lives to sustain, has abandoned the United States citizen, while according special privilege to aliens at our expense…
Comment posted May 6, 2009 @ 7:43 pm
I don't think Janet has a clue to what she's doing. OK, let's go after the employer. What are you going to do with the ILLEGAL ALIENS? Tell them to find another job with their stolen identity or forged document? Arrest them and deport them? Ask them to promise to leave the country? WHAT?
I can't say the ILLEGAL ALIENS are completely to blame for the shape of our economy, but they are a BIG part of the problem. The ILLEGAL ALIENS send BILLIONS upon BILLIONS out of this Country every year, money we will NEVER see again. Does this help our economy?
How about the BILLIONS the American taxpayers fork out for the ILLEGAL ALIEN BABIES, the schooling of them, the medical care and the list goes on, and on, and on.
How about the MILLIONS upon MILLIONS paid to jail ILLEGAL ALIENS for the crimes, then the cost to deport them. Does this help our economy?
Then you have these activist groups, the Catholic Church and the ACLU that want AMNESTY for these ILLEGAL ALIENS. It would be absolute suicide for this Country if AMNESTY were granted to the 12-20 million or so ILLEGAL ALIENS. We have more and more people out of work everyday and they want to add another 20 million to this Country? I say, “NO”!
If AMNESTY were ever granted to these 20 million ILLEGAL ALIENS, you can bet big money that 3 years from now, there would be ANOTHER 3-5 million ILLEGAL ALIENS demonstrating on our soil for AMNESTY.
An end MUST come to this illegal immigration. The perfect tool we have so far is E-Verify. It MUST be used by ALL businesses and Government Social Services. EVERY employee must be checked! If they are illegal, they are to be dismissed!
I believe it is time for all 50 States to pass a State law, like Arizona, Oklahoma, Mississippi, Missouri, South Carolina and a few others. It is time for these ILLEGAL ALIENS to go back to their home Country and get out of this Country. The problems they are causing will not go away until the ILLEGAL ALIENS are out of this Country.
It's time for ZERO TOLERENCE with these ILLEGAL ALIENS. Get rid of the ILLEGAL ALIENS and you get rid of all the problems that go with them. THAT IS A FACT!
Pingback posted May 7, 2009 @ 12:46 am
[...] Daphne Eviatar created an interesting post today on The Washington Independent » Immigration Raid Rules Echo Bush EraHere’s a short outlineI can’t say the ILLEGAL ALIENS are completely to blame for the shape of our economy, but they are a BIG part of the problem. The ILLEGAL ALIENS send BILLIONS upon BILLIONS out of this Country every year, money we will NEVER see again. … Perhaps if Eviatar wants to do some real reporting, she can ask one of those “advocates” why we should trust them. If they get their “reform”, will they stop calling ICE the “Gestapo”? Isn’t it about 100% certain that those same people … [...]
Comment posted May 7, 2009 @ 6:58 am
Obama and Napolitano are a nightmare on this issue . Arizona ..she was the governor .has the second highest rate of kidnappings in the world next to mexico city ..what does she know about security ? She is an amnesty adovcate as is Obama . This is just a way to make it impossible for our officers to enforce the law without having amnesty ..Basically , they just want to let them all stay here , which includes gang members and drug dealers ..The government is in thick with the drug cartels and the banks that launder their money and the big business elite .they are scamming us everyday ,…we need to secure the border and they are not doing anything about it …
Comment posted May 8, 2009 @ 1:48 pm
Continuing to Allow the United States to be invaded by illegal aliens, and allowing illegal aliens to work here and occupy jobs for genuine citizens is a travesty of justice and a sore injury to the real American citizen. It seems more than obvious that the Obama administration are not helping the citizen. Shameful!
It's time for ZERO TOLERENCE with these ILLEGAL ALIENS. Get rid of the ILLEGAL ALIENS and you get rid of all the problems that go with them. I wish we had a President who would truly defend this country.
Instead we have a disaster, nice talker, one who apppoints the wrong people, and through inaction and pro legislation, encourages the invasion. Maybe if our President had served in the U.S. Military his ability to discipline to accomplish our defense might be better served… Obama just doesn't have a clue yet! Hope he learns real soon!
Pingback posted May 9, 2009 @ 9:00 am
[...] View original post here: The Washington Independent » Immi… [...]
Pingback posted May 14, 2009 @ 1:59 pm
[...] The Washington Independent » Immigration Raid Rules Echo Bush Era [...]
Pingback posted May 19, 2009 @ 11:23 am
[...] two weeks after DHS Sec. Janet Napolitano sort of announced a reduction in workplace raids, Obama and Napolitano have found a way to actually do more overall deportations [...]
Pingback posted June 19, 2009 @ 6:33 pm
[...] censored – David Stagey, Politics Daily Hatch lying on SCOTUS filibusters – Jonathan Singer, MyDD Immigration raids echo Bush – Daphne Eviatar, Wash. Independent Huh? Republicans support card check? – Jillian Bandes, Townhall [...]
Pingback posted September 21, 2009 @ 5:56 pm
[...] May, Homeland Security Secretary Janet Napolitano pledged to focus her agency’s efforts on lawbreaking by employers of illegal immigrants, rather than on [...]
Comment posted April 9, 2010 @ 10:51 am
ronald bola of 12764 newport ave #d tustin ca 92780 married and paid a US citizen to obtain a green card. he also used fake bank and ss documents to obtain a tourist visa and work at power circuits in costa mesa ca between 1987-93. he is now a naturalized citizen.
Comment posted April 11, 2010 @ 10:40 am
leticia olalia moraes of 12764 newport ave #8 tustin ca 92780 submitted fake employment records to obtain a work visa. she also used fake bank and ss document to get a tourist visa and work at target stores between 1987-90. she is now applying for naturalization.
Comment posted April 20, 2010 @ 5:27 am
leticia olalia morales of 15501 pasadena ave #8 tustin ca 92780 submitted fake employment records to obtain a US work visa. she also used fake documents and paid $5000.00 to get a US touris visa. she is now applying for naturalization.
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