Immigration Summit, April 2009Province VIII/Episcopal Diocese of ArizonaBy the Rev. Anna Lange-Sotohttp://madreanna.org/immref

Episcopal Diocese of CaliforniaMigration & Immigration Task Force

LOCAL COUNTY STATEJurisdictional levels

Apologies to the Diocese of Taiwan. I was unable to become familiar with its immigration laws and issues for this presentation.

500,000(6th largest)

2.7 million(largest)

100,000 -200,000

Less than40,000

225,000 –575,000 In the U.S.:

States in Province VIII and Navajolands Mission Diocese are to the left of the line.

Sooo…..Make it so uncomfortable

for unauthorized immigrants to live in the U.S.that they leave.

Even if it goes against your own self interest.

Inability to get a Driver’s License◦ Authorization to drive◦ Valid i.d.

Local, County and State’s attempts at immigration enforcement◦ Authorized, e.g. 287(g) partnerships with ICE◦ Unauthorized

Laws regulating access to services◦ Education◦ Health Care

Violence and harassment

Please note, errors in the following are a given. Why?

◦ The limitations of your servant, who put this together◦ The unknowns in the law pertaining to any particular

state, county or city◦ Constant changes

Further research on issues that interest you would be fruitful.◦ The citations on the slides may be helpful in that

regard

The lack of a US-government-issued i.d. sends up the red flag.

Puts unauthorized immigrants in jeopardy of:◦ Car impoundment◦ Jail◦ Deportation

Difficult to manage life◦ Getting & keeping a job◦ Family transportation problems

Never-ending anxiety◦ Checkpoints (for drunk drivers?)◦ Minor car repair, e.g. lights, broken mirror

Issues that normally get others a “fix-it” ticket◦ Even a rosary hanging on your rear-view mirror

“impairing visibility”

Identification Issues◦ Visiting someone who’s in jail◦ Entering public buildings, e.g. courthouse, ICE◦ Traveling

Even as a passenger or on public transport◦ Getting a document notarized◦ Getting a marriage license!

San Mateo County, CA couples need to go to another county

◦ Getting a library card???? Is that a problem anywhere?

DRIVERS’ LICENSE REQUIREMENT

STATES in PROVINCE VIIIAZ, CA, HI, ID, OR, UT, WANavajoland adds CO & NM)

SSN, some exceptions All (all 50 states)

Lawful presence AZ, CA, CO, ID, OR

If no SSN, accepts 2 of: ITIN, Matrícula Consular, passport

NM, according to DMV.org

BUT Driving Privilege Card WA – Sign declarationUT - Limited – see next. Others?

I.D.REQUIREMENT

STATES in PROVINCE VIII(Navajoland has 4 states)

Accept Matrícula Consular or other Foreign ID Card

NM, UT, WA plus other jurisdictions for specific purposes, e.g. San Mateo Cy Jail accepts the Matrícula Consular to visit inmates

National Immigration Law Centerwww.nilc.org, 10/16/08

HB344, sponsored by Rep. Stephen Sandstrom, R-Orem, would have specified that someone approaching the state to register a vehicle needed to have a valid driver's license "other than a driving privilege card," that is issued to people who cannot document legal status but have IRS-issued Taxpayer Identification Numbers or a Matricula Consular card issued to Mexican nationals living in Utah.

Driving privilege cards cannot be used as age identification to purchase alcohol or to register a car with the Division of Motor Vehicles. However, Sandstrom told the House Transportation Committee he spoke with attorneys who believed it should be "specifically set forward in statute."

"Are you targeting illegal aliens with this bill?" asked committee member Rep. Steven Mascaro, R-West Jordan.

"Yes I am," Sandstrom said.

Note: Sandstrom earlier proposed legislation removing cards all together.

Deseret Newswww.Deseretnews.com, 3/3/09

California legislature has passed bills◦ Driving authorization◦ Clearly distinct from CA Driver’s License◦ Vetoed by Gov. Schwartzenegger

Other states◦ Utah◦ Others????

Delegation of Immigration Authority Section 287(g)

Immigration and Nationality Act

A Law Enforcement Partnership

Provides for the “performance of immigration officer functions by state officers and employees.”

U.S. Immigration and Customs Enforcement, 8/18/08http://www.ice.gov/partners/287g/Section287_g.htm

Section 287(g) of the Immigration and Nationality Act (cont)

Allows local & state officers:◦ “necessary resources and latitude to pursue

investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.”

U.S. Immigration and Customs Enforcement, 8/18/08http://www.ice.gov/partners/287g/Section287_g.htm

State

Jurisdiction

AZ Dept of Corrections

Dept of Public Safety

Police Dept, Phoenix

Sheriff’s Offices: Counties of Maricopa, Pima, Pinal, Yavapai

CA Sheriff’s Offices: Counties of Los Angeles, Orange, Riverside, San Bernardino

CO CO Dept of Public Safety

El Paso Cy Sheriff’s Office

NM Dept of Corrections

NV Las Vegas Metropolitan

U.S. Immigration and Customs Enforcement, 8/18/08http://www.ice.gov/partners/287g/Section287_g.htm

Examples from the General Accounting Office:

Outside of program objectives. Designed for serious criminal offences.◦ Has been used in connection with minor offices, e.g.

speeding. Misuse of Authority. Authority is to be used in

connection with an arrest for a state offense.◦ Correct use of authority often not adequately described

for law enforcement officers. No performance measures to track or

evaluate progress. Testimony Before the Committee on Homeland Security, House of Representatives, 3/4/09 http://www.gao.gov/new.items/d09381t.pdf

Immigration Policy Centerwww.ipc.org, press release 4/20/09,

IMMIGRATION ENFORCEMENTBetter Controls Needed over ProgramAuthorizing State and Local EnforcementOf Federal Immigration Laws

GAO-09-109

General Accounting Office, Report GAO-09-109, 1/09, see in madreanna.org/immref

EXAMPLES, jurisdictions not enrolled in 287(g): County-Dependent

◦ Washington State◦ California

City-Dependent◦ Fremont vs. Redwood City

Officer Discretion◦ Even in San Francisco

Elementary Schoole.g. 187 passed in California◦ Excluding unauthorized immigrant children from

many public services, including schools◦ Obligating teachers to report unauthorized

students to ICE◦ Found unconstitutional by the 9th U.S. Circuit

Court of Appeals

Not aware of anything similar in Province VIII since then

HIGH SCHOOL:Not aware of anything in high school

COLLEGE: In 40 states, must pay out-of-state tuition Instate tuition allowed – 10 total in Province VIII, for those meeting qualifications

◦ California, Utah, Washington Need reform in Dioceses of

◦ Alaska, Arizona, Eastern Oregon, Hawaii, Idaho, Navajolands, Nevada, Oregon

National Immigration Law Centerwww.nilc.org, revised: 3/09

Requirements of These LawsTo qualify, all ten states that already have such laws require the students to have:

1. attended a school in the state for a certain number of years;

2. graduated from high school in the state; and3. signed an affidavit stating that they have either

applied to legalize their status or will do so as soon as eligible

4. Offer the same benefits to US citizens & LPRs who have moved out of state (per federal law)

National Immigration Law Centerwww.nilc.org, revised: 3/09

By KIRK SEMPLE, www.nytimes.com, 4/19/09

e.g. In New Jersey, Bills Offering In-State Tuition to Illegal Immigrants Face a Fight

Marisol Conde-Hernandez had a 3.5 G.P.A. at South Brunswick High School, but she pays out-of-state tuition at Rutgers University.

By Juan Arredondo , The New York Times

Even Utah - S.B. 81, Illegal Immigration◦Repeal of In-State Tuition

(or of driving privilege cards) missing from SB81

Taking a closer look at the new immigration law, the Utah practitioner will find that in the area of employment public employers and contractors that contract with public employers will be required to register with and use a “Status Verification System” to verify the employment eligibility status of new employees, and that it will be unlawful for any “employing entity” to discharge a U.S. citizen or permanent resident alien working in Utah and fill the discharged employee’s position with an unauthorized alien. With regard to securing public benefits, S.B. 81 requires that an adult applicant for such benefits certify his or her legal presence in the United States under penalty of perjury and subject to other penalties for false statements. S.B. 81 also provides for the creation and issuance of identification documents and, subject to the availability of funding, for the establishment of a Fraudulent Documents Identification Unit to investigate, apprehend and prosecute individuals who sell fraudulent identification documents for persons unlawfully residing in the state. Under S.B. 81, transporting an illegal alien into or within the state for a distance of more than 100 miles for financial gain or commercial advantage, or knowingly concealing, harboring or sheltering an illegal alien for financial gain or commercial advantage will be a Class A Misdemeanor. In addition, local law enforcement personnel can expect to shoulder a heavier load when it comes to the enforcement of federal immigration laws as a result of S.B. 81. This new law further requires a county sheriff to make a reasonable effort to determine the citizenship and immigration status of a person confined to jail for a period of time. Finally, under S.B. 81, a person not lawfully present in the U.S. may not be issued a private club or restaurant liquor license.

Highlights from the 2008 Legislative Session, Utah State Bar , 7/16/08

High school Graduates, ages 18 to 24◦ half (49%) are in college or have attended

college. Nevertheless: The comparable figure for

U.S.-born residents going to college is 71%. High School graduation rates Must maintain vigilance

◦ e.g. New South Carolina law prohibiting undocumented students from attending state supported colleges.

L. Patricia Ice, IMDiversity.com, 2006A Portrait of Unauthorized Immigrants in the United States, Pew Hispanic Centerwww.pewhispanic.org, 4/19/09

Adult unauthorized immigrants – 59% Children of unauthorized immigrants

◦ Unauthorized immigrant children – 45%◦ Children born in the U.S. - 25%

How do they get access to health care?

State-funded health care◦ SB 81, Utah: Must verify authorization◦ Health workers question

When does it apply? How will it affect care that may be given?

◦ Efforts in California – state & some counties - to widen the safety net But will it rescind what is already there under the

current economic threat?

Top 1 & 2, AZ & CA (Center for Immigration Studies, 3/8/09)

Though….Increasing compliance

requirements at fed

level, e.g. stimulus

Bill

Addl statesconsideringlegislation

Moving fastfast

Numbers USA for lower immigration levels, 2008/2009

Driver’s License requirement for Marriage License◦ CA, San Mateo Cy (vs Santa Clara Cy)

Proposed California Initiative◦ Births to unauthorized immigrants

Fee Birth certificate What if it’s a mixed family?

Violence targeted at immigrants Authorities looking the other way

ACTION AT THE LOCAL LEVELACTION AT THE LOCAL LEVEL

Reining in the individual enforcement officer 2007 County deputies contacting ICE

Action (rally) where sheriff agreed to policy Followup – now have a policy in place Only contact ICE when a crime was committed

Now: City & County Traffic Law enforcementDrivers who don’t have a license: Citation + Options

1.Impound the car for 30 days2.or: Tow the car, to be picked up in a day or two3.or: Only citation, provided a licensed driver takes away

the car. Otherwise, Option #2.

YES!

Policy we’re requesting

State: Designing a strategy to address California Highway Patrol’s car impoundment policy◦ Will work at it in our district and also with other

community organizers throughout the state◦ Also need to research their policy about calling

ICE regarding unlicensed drivers

Education of non-immigrants (i.e. voters!)◦ Regarding immigration ◦ “Giving a face” to unauthorized immigrants

Testimonies - Hearing from victims of ICE◦ Immigration issues◦ Immigration reform

Humanitarian aid Community Organizing –

partnership with the community

Immigration Summit, April 2009Province VIII/Episcopal Diocese of ArizonaBy the Rev. Anna Lange-Sotohttp://madreanna.org/immref

Episcopal Diocese of CaliforniaMigration & Immigration Task Force