Province VIII Jurisdictions their Impact on Unauthorized Immigrants

Province VIII: Jurisdictions & their Impact on Unauthorized Immigrants Immigration Summit, April 2009 Province VIII/Episcopal Diocese of Arizona By the Rev. Anna Lange-Soto http: //madreanna. org/immref Episcopal Diocese of California Migration & Immigration Task Force

THE FOCUS: LOCAL COUNTY STATE Jurisdictional levels Apologies to the Diocese of Taiwan. I was unable to become familiar with its immigration laws and issues for this presentation.

100, 000 200, 000 Less than 40, 000 225, 000 – 575, 000 2. 7 million (largest) 500, 000 (6 th largest) In the U. S. : States in Province VIII and Navajolands Mission Diocese are to the left of the line.

The Big Problem: No viable immigration system in the US 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.

Methods, Local Jurisdictions 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

The “Local” Solution 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

DRIVER’S LICENSE & I. D.

Why Put Driver’s License First? The lack of a US-government-issued i. d. sends up the red flag. Puts unauthorized immigrants in jeopardy of: ◦ Car impoundment ◦ Jail ◦ Deportation

Why Put Driver’s License First? (cont) 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”

Why Put Driver’s License First? (cont) 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’ Licenses DRIVERS’ LICENSE REQUIREMENT STATES in PROVINCE VIII AZ, CA, HI, ID, OR, UT, WA Navajoland 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 declaration UT - 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 Center www. nilc. org, 10/16/08

Driving Privilege Card, Utah HB 344, 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 News www. nilc. org. Deseretnews. com, 3/3/09

“Driving Privilege Cards” California legislature has passed bills ◦ Driving authorization ◦ Clearly distinct from CA Driver’s License ◦ Vetoed by Gov. Schwartzenegger Other states ◦ Utah ◦ Others? ?

LOCAL ENFORCEMENT OF IMMIGRATION LAW 287(g)

Local Law Enforcement 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, 8/18/08 http: //www. ice. gov/partners/287 g/Section 287_g. htm

Local Law Enforcement 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, sexualrelated offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations. ” U. S. Immigration and Customs Enforcement, 8/18/08 http: //www. ice. gov/partners/287 g/Section 287_g. htm

287(g) Memoranda of understanding in place in Province VIII. (Includes states in the Province and those partially in Navajolands) 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, 8/18/08 http: //www. ice. gov/partners/287 g/Section 287_g. htm

Problems with 287(g) 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 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/d 09381 t. pdf

Example: Abuses by Maricopa County Sheriff Pulitzer Prize Ryan Gabrielson and Paul Giblin, East Valley Tribune , Mesa AZ whose Series Reveals Negative Impact of Local Police Taking On Immigration Enforcement Immigration Policy Center www. ipc. org, press release 4/20/09,

GAO REPORT CRITICIZING USE OF 278(g) IMMIGRATION ENFORCEMENT Better Controls Needed over Program Authorizing State and Local Enforcement Of Federal Immigration Laws GAO-09 -109 General Accounting Office, Report GAO -09 -109, 1/09, see in madreanna. org/immref

Unofficial Law Enforcement Action EXAMPLES, jurisdictions not enrolled in 287(g): County-Dependent ◦ Washington State ◦ California City-Dependent ◦ Fremont vs. Redwood City Officer Discretion ◦ Even in San Francisco

EDUCATION

Education Elementary School e. 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 9 th U. S. Circuit Court of Appeals Not aware of anything similar in Province VIII since then

High School & College 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 Center www. nilc. org, revised: 3/09

College In-State Tuition, cont. Requirements of These Laws To 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; and 3. 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 Center www. nilc. org, revised: 3/09

College In-State Tuition, Future 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 By KIRK SEMPLE, www. nytimes. com, 4/19/09

The Good News – States not rolling back Even Utah - S. B. 81, Illegal Immigration ◦ Repeal of In-State Tuition (or of driving privilege cards) missing from SB 81 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

Despite Hardship, Unauthorized Immigrant Youth DO go to college 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, 2006 A Portrait of Unauthorized Immigrants in the United States, Pew Hispanic Center www. pewhispanic. org, 4/19/09

HEALTH CARE

The Uninsured 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 & County Laws Affect 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?

E-Verify Top 1 & 2, AZ & CA (Center for Immigration Studies, 3/8/09) Though…. Increasing compliance requirements at fed level, e. g. stimulus Bill Addl states considering legislation Moving fast Numbers USA for lower immigration levels, 2008/2009

VIOLENCE, HARRASSMENT

Official Anti-Immigrant Action 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?

Unofficial Actions Violence targeted at immigrants Authorities looking the other way

HOPE ACTION AT THE LOCAL LEVEL

Local Action at El Buen Pastor Community Organizing 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 enforcement Drivers who don’t have a license: Citation + Options YES! 1. Impound the car for 30 days 2. or: Tow the car, to be picked up in a day or two 3. or: Only citation, provided a licensed driver takes away the car. Otherwise, Option #2. Policy we’re requesting

Local Action at El Buen Pastor – Community Organizing 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

Parish, Deanery & Diocese 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

CONSTANT VIGILANCE

OBSERVATION, ACTION, EVALUATION, NEW ACTION

Province VIII: Jurisdictions & their Impact on Unauthorized Immigrants Immigration Summit, April 2009 Province VIII/Episcopal Diocese of Arizona By the Rev. Anna Lange-Soto http: //madreanna. org/immref Episcopal Diocese of California Migration & Immigration Task Force