Obama to immigration reform: Amnesty coming up
When the U.S. Congress and President George W. Bush spoke about doing something about the (illegal) immigration problem, conservative grassroots, organizations, and bloggers revolted. A group led by among others Senator John McCain tried to deal with the problem in what they considered a pragmatic way, but conservative hawks would have nothing of it. As a result, nothing was done.
President Barack Obama now wants to give it a try as well. AFP reports:
President Barack Obama aims to draft legislation this year allowing illegal immigrants to become legal citizens as part of a major overhaul of the US immigration system, the New York Times said Thursday.”While acknowledging that the recession makes the political battle more difficult, President Obama plans to begin addressing the country?s immigration system this year, including looking for a path for illegal immigrants to become legal,” the Times reported, citing a senior administration official.
There are more than ten million illegal immigrants in the United States. This is a ridiculously high amount, especially considering the fact that it is far from impossible to migrate legally to the country of opportunities and freedom. Compared to Europe, America still embraces immigrants of all kinds. To move there has become more difficult in the last couple of years and decades, but it is far from impossible.
Illegal immigrants are simply unwilling to take the necessary steps to become a legal and productive (and tax paying) member of society. There is no reason to be too soft on them.
Many Americans agree with the above, not just conservatives. This means that Obama will have to be very careful: it’s impossible to send the 12 million or so illegal immigrants back (he’s right about that), and he’ll have to be honest about that, but the borders have to be secured, and illegal aliens will have to be punished and held responsible for breaking the law. Unlike what progressives have said in recent years, illegals are per definition criminals (= someone who breaks the law). Giving them a pass is unjustified. If they want to change their status, they will have to give back.
The democrats are presenting us with a lie(Immigration reform is needed)and then presenting us with a solution and the offer to be moderate in their tone.
Fact is that our laws on the books are not broken. They simply are not enforced. Give the INS the money, let them round up illegals, ship them home with the promise that they will be at the head of the line when applying for their green cards and ultimately citizenship.
Fund the INS, give them the authority to enforce the laws and let them do their job. End of immigration problems.
However we know thats not going to work because the democrats know that their already burgeoning numbers majority will simply keep getting bigger and bigger as they let from 12-20 million illegals become democrats…..er I mean loyal citizens of the Obama nation…..er of America.
Scam. The immigration floater is a scam based on a fallacy and then offering a solution to the lie to fix that which is not broken.
Fraidykatt,
what are you afraid of? Undocumented workers who do jobs americans will not do. Giving the undocumented a place in line is NOT Amnesty. Immigration laws are outdated and the backlog of those trying to do it the legal way is out of control. It only makes sense to legalize those without papers so they can become part of the sytsem. As time changes, laws must change. So dont be afraid of a changing world.
Those who are against Immigration Reform are Those who have NO CLUE or QUALIFICATIONS about Immigration are those who show their IGNORANCE
In the 20-plus years I have spent studying, lecturing and litigating immigration issues, two things have always amazed me. The first is the amount and intensity of hate spewed against undocumented workers. The second is the amount of misinformation that is published about them.
On this second point, the quote from Mark Twain is illustrative. “A lie can travel halfway around the world while the truth is putting on its shoes.” I suppose this may be true in part because misinformation, like a lie, requires no accuracy, validation or research; all of which are time-consuming practices.
The recent letters alleging that all undocumented workers are “criminals,” and specifically Veronica Suarez, whose plight was written about in the Tracy Press recently, is a criminal are factually incorrect.
According to the facts (as stated in Sharon Franceschi’s Sept. 7 commentary) Saurez entered the U.S. on a valid visa, overstayed her visa when it expired, resulting in her unlawful immigration status. None of these acts, as stated by Franceschi, constitute a crime under federal or state law. Overstaying a valid visa under the Immigration and Naturalization Act is a civil violation of the law, not a criminal violation. Being in the U.S. in under undocumented status is not a criminal violation, but a civil violation of the INA.
The facts, as stated by Franceschi, do not indicate that Suarez has committed any crime. To call her a criminal is erroneous at best, and libelous at worst.
Furthermore, it is an Americanism that a person is innocent until proven guilty. So until Suarez (or any other undocumented person) is charged and found guilty of a crime, it would be inappropriate to call them “criminals.”
It is important to note that there is a very large difference between civil and criminal violations of law. The distinction is so important that the law makes the erroneous allegation that one has committed a crime of slander or libel, (which means liability is automatic even without proof of damages). One who violates the civil law is no more a criminal than someone who has breached a contract or accidentally damaged another’s property.
It is true that entering the United States without inspection is a misdemeanor under the INA. The misdemeanor is completed once an individual’s entry is complete. Suarez, according to Franceschi, did not enter without inspection; she entered with a valid visa. According to U.S. Immigration and Citizenship Services statistics, about 40 percent of undocumented persons enter legally and overstay their visas (which, as stated above, is not a crime). Consequently, at least 40 percent of the undocumented population has committed no crime in regards to their immigration status.
Therefore, one cannot assume that a person has committed a crime simply because they are undocumented.
Franceschi is also in error in her allegation that getting married and having children while being undocumented in the U.S. is a violation of the law. It is not. Franceschi goes on to say that Suarez “apparently bought a house illegally.” It is unlikely that Franceschi knows exactly how Suarez purchased her home. Consequently, any allegation of illegality is, at a minimum, irresponsible.
It is also important to note that the Immigration and Citizenship Services doesn’t consider all undocumented persons criminals. When the Immigration and Citizenship Services publishes information about its enforcement activities involving undocumented workers, it are always sure to make a distinction between “criminal” and noncriminal aliens.
Another myth is that the term “illegal aliens” is a term of art or is legal jargon. This term is not found anywhere in the INA or in Blacks Law Dictionary. The INA refers to undocumented persons as either an EWI (entered without inspection) or as someone who has overstayed their visa. “Illegal aliens” is a term invented by anti-immigrant groups designed to put undocumented persons in the worst possible light and to instill fear in Americans. It is intentionally designed to associate undocumented persons with criminality.
This xenophobic view that undocumented persons are “simply criminals” comes from the historical stereotype that the foreign-born, especially undocumented immigrants, are responsible for higher crime rates. This misconception has deep roots in American public opinion and popular myth. This myth, however, is not supported empirically and has repeatedly been refuted by scientific studies. Both contemporary and historical data, (including U.S. governmental studies) have shown that immigration is associated with lower crime rates.
The studies have uniformly shown that recent immigrants (including the undocumented) are less likely to be involved in violent crime, and that when there is an increase in immigration patterns, violent crime decreases. This has been shown to be true in large cities with heavy immigrant populations.
In the most recent of these studies, The Myth of Immigrant Criminality and the Paradox of Assimilation (2007), from the Immigrant Policy Institute, it was found that among men age 18 to 39 (who are the vast majority of inmates in federal and state prisons and local jails), immigrants were five times less likely to be incarcerated than the native-born in 2000.
During the Proposition 187 debate, then-Gov. Pete Wilson published statistics that stated that
12 percent to 15 percent of the state prison population had Immigration and Citizenship Services holds or potential holds. The Department of Corrections analyst who compiled these numbers said Immigration and Citizenship Services holds are placed on inmates who were born outside of the U.S. (therefore 12 percent to 15 percent of the prison population was immigrants). The immigrant population at the time in California hovered at about 25 percent, showing immigrants were much less likely to be incarcerated than the native born in California.
In short, the data shows you are much safer if your neighbor is an immigrant.
Franceschi owes Suarez an apology. I am also surprised that the Tracy Press allowed a commentary to run without checking the facts. Although commentaries are designed to allow for the expression of differing opinions, the First Amendment is not as generous with misstatements of facts — especially when the facts can be libelous.
For the immigration debate to be a healthy one, we should strive for a debate based on facts, not myth or tired stereotypes. We should also not let our position on this topic strip us of one of the great qualities we possess as people — the ability to be compassionate.
Arturo E. Ocampo of Tracy has been a practicing attorney since 1985, with an expertise in immigration rights and class action lawsuits on behalf of immigrants, including the way the Immigration Reform and Control Act of 1986 was implemented, Border Patrol’s raids and Proposition 187. He is director of diversity and equal employment opportunity for the San Jose/Evergreen Community College District.
Immigration laws are 1986…hardly outdated.
I noticed the minute someone says send them home the “what are you afraid of’s” show up.
I have to agree the laws are not outdated they are only barely 20 years old. The problem is the democrats and republicans alike are not enforcing them for their own reasons. Now the GOP has a reason to enforce them and the democrats hate it with a passion so they make it about homophobia or whatever phobia is fashionable at the moment.
Send them home. We as a nation are broke. We cannot afford to pay for their welfare and to educate their illegal children. We cant afford to pay for the real citizens of this nation. Never mind those who dont belong here. Send them home and I risk the cost of my tomatoes going up 50 cents.
Incidently if you legalize them AND their families the government not only collects NO TAXES from them but they offer them earned income credits in the amounts of 4000-7000 dollars per year. What a deal. Of course they want to be citizens. Welfare. Education. Health Benefits, Social Security. Pay NO TAXES and on top of that they get a rebate every year.
Sure we can afford that. Send them all over here and let them pick tomatoes. What a deal.
Please explain why the laws are not inforced. If you are here illegally you are breaking the law. Even when illegals are caught with fake or stolen social socurity cards, nothing happens.
When my son, who is an American citizen was caught with a fake id (to get into a bar before he was 21) he lost his drivers license for 2 years, did 60 hours of community service and had to pay for SR 22 additional insurance for 3 years. He broke the law and this was the punishment.
Yet 90% of the politicians don’t think there should be any punishment for illegals. When are they going to listen to what the American people want.
This is insanity.
Annie Bates what does your son problem have to do anything with immigration reform act.
Brainded, you have no idea what you are talking about. Do you have any idea what percent of the United States budget goes into welfare and the department of education.
Navellaneda
Yes I understand precisely what Im talking about since I am employed in this business. But it does not matter what I think. Dont get your panties in an uproar. Obama and the democrats are going to do exactly what they want. Legalize 20 million democrats and pay them earned income credits while raising the taxes on the 10 rich people left after all the companies in America go bankrupt.
What a brilliant plan. We already cant pay our bills but he wants to make sure they have a continued majority in congress so they are going to just wave a magic wand and get 20 million more voters to guarantee their Facist march down Bankruptcy lane.
Wanna know what I think? It dont matter what I think. They are going to do what they want and the opposition be dayumed.
American Patriot
You can write a long speech all you want but when you get to the end of the fancy speech what we have left is 20 million people who snuck into this country illegally.
There are two types of people in this debate. Those that say yes and those that say no and there is no common ground. No middle ground. There is yes or no.
Amnesty?? We did that in 86 to FIX the problem and now were back here in 2009 and gonna do it again.
Fridaykatt, Lets see , Do you have any Qualifications in IMMIGRATION LAW? HAVE you even read an immigration law book ? Lets see how much you know about the subject?
I am A Native American, so I can call you the “ILLEGAL ” In my country, which I wont since all HUMANS YOU AND ME are created by one ALMIGHTY GOD.
Now to educate you and others who might have no REAL CLUE about the term ILLEGAL IMMIGRANT, There is no such word as “ILLEGAL IMMIGRANT” in BLACKS LAW DICTIONARY. This is a trem made by those who want to make money and news off the backs of poor people who have no Legal way to enetr or stay in the country.
Ignorance is Bliss and Those who have NO CLUE or QUALIFICATIONS about Immigration are those who show their IGNORANCE
”
In the 20-plus years I have spent studying, lecturing and litigating immigration issues, two things have always amazed me. The first is the amount and intensity of hate spewed against undocumented workers. The second is the amount of misinformation that is published about them.
On this second point, the quote from Mark Twain is illustrative. “A lie can travel halfway around the world while the truth is putting on its shoes.” I suppose this may be true in part because misinformation, like a lie, requires no accuracy, validation or research; all of which are time-consuming practices.
The recent letters alleging that all undocumented workers are “criminals,” and specifically Veronica Suarez, whose plight was written about in the Tracy Press recently, is a criminal are factually incorrect.
According to the facts (as stated in Sharon Franceschi’s Sept. 7 commentary) Saurez entered the U.S. on a valid visa, overstayed her visa when it expired, resulting in her unlawful immigration status. None of these acts, as stated by Franceschi, constitute a crime under federal or state law. Overstaying a valid visa under the Immigration and Naturalization Act is a civil violation of the law, not a criminal violation. Being in the U.S. in under undocumented status is not a criminal violation, but a civil violation of the INA.
The facts, as stated by Franceschi, do not indicate that Suarez has committed any crime. To call her a criminal is erroneous at best, and libelous at worst.
Furthermore, it is an Americanism that a person is innocent until proven guilty. So until Suarez (or any other undocumented person) is charged and found guilty of a crime, it would be inappropriate to call them “criminals.”
It is important to note that there is a very large difference between civil and criminal violations of law. The distinction is so important that the law makes the erroneous allegation that one has committed a crime of slander or libel, (which means liability is automatic even without proof of damages). One who violates the civil law is no more a criminal than someone who has breached a contract or accidentally damaged another’s property.
It is true that entering the United States without inspection is a misdemeanor under the INA. The misdemeanor is completed once an individual’s entry is complete. Suarez, according to Franceschi, did not enter without inspection; she entered with a valid visa. According to U.S. Immigration and Citizenship Services statistics, about 40 percent of undocumented persons enter legally and overstay their visas (which, as stated above, is not a crime). Consequently, at least 40 percent of the undocumented population has committed no crime in regards to their immigration status.
Therefore, one cannot assume that a person has committed a crime simply because they are undocumented.
Franceschi is also in error in her allegation that getting married and having children while being undocumented in the U.S. is a violation of the law. It is not. Franceschi goes on to say that Suarez “apparently bought a house illegally.” It is unlikely that Franceschi knows exactly how Suarez purchased her home. Consequently, any allegation of illegality is, at a minimum, irresponsible.
It is also important to note that the Immigration and Citizenship Services doesn’t consider all undocumented persons criminals. When the Immigration and Citizenship Services publishes information about its enforcement activities involving undocumented workers, it are always sure to make a distinction between “criminal” and noncriminal aliens.
Another myth is that the term “illegal aliens” is a term of art or is legal jargon. This term is not found anywhere in the INA or in Blacks Law Dictionary. The INA refers to undocumented persons as either an EWI (entered without inspection) or as someone who has overstayed their visa. “Illegal aliens” is a term invented by anti-immigrant groups designed to put undocumented persons in the worst possible light and to instill fear in Americans. It is intentionally designed to associate undocumented persons with criminality.
This xenophobic view that undocumented persons are “simply criminals” comes from the historical stereotype that the foreign-born, especially undocumented immigrants, are responsible for higher crime rates. This misconception has deep roots in American public opinion and popular myth. This myth, however, is not supported empirically and has repeatedly been refuted by scientific studies. Both contemporary and historical data, (including U.S. governmental studies) have shown that immigration is associated with lower crime rates.
The studies have uniformly shown that recent immigrants (including the undocumented) are less likely to be involved in violent crime, and that when there is an increase in immigration patterns, violent crime decreases. This has been shown to be true in large cities with heavy immigrant populations.
In the most recent of these studies, The Myth of Immigrant Criminality and the Paradox of Assimilation (2007), from the Immigrant Policy Institute, it was found that among men age 18 to 39 (who are the vast majority of inmates in federal and state prisons and local jails), immigrants were five times less likely to be incarcerated than the native-born in 2000.
During the Proposition 187 debate, then-Gov. Pete Wilson published statistics that stated that
12 percent to 15 percent of the state prison population had Immigration and Citizenship Services holds or potential holds. The Department of Corrections analyst who compiled these numbers said Immigration and Citizenship Services holds are placed on inmates who were born outside of the U.S. (therefore 12 percent to 15 percent of the prison population was immigrants). The immigrant population at the time in California hovered at about 25 percent, showing immigrants were much less likely to be incarcerated than the native born in California.
In short, the data shows you are much safer if your neighbor is an immigrant.
Franceschi owes Suarez an apology. I am also surprised that the Tracy Press allowed a commentary to run without checking the facts. Although commentaries are designed to allow for the expression of differing opinions, the First Amendment is not as generous with misstatements of facts — especially when the facts can be libelous.
For the immigration debate to be a healthy one, we should strive for a debate based on facts, not myth or tired stereotypes. We should also not let our position on this topic strip us of one of the great qualities we possess as people — the ability to be compassionate.
Arturo E. Ocampo of Tracy has been a practicing attorney since 1985, with an expertise in immigration rights and class action lawsuits on behalf of immigrants, including the way the Immigration Reform and Control Act of 1986 was implemented, Border Patrol’s raids and Proposition 187. He is director of diversity and equal employment opportunity for the San Jose/Evergreen Community College District.
Undocumented immigrants paying more taxes than you think!!
Eight million Undocumented immigrants pay Social Security, Medicare and income taxes. Denying public services to people who pay their taxes is an affront to America’s bedrock belief in fairness. But many “pull-up-the-drawbridge” politicians want to do just that when it comes to Undocumented immigrants.
The fact that Undocumented immigrants pay taxes at all will come as news to many Americans. A stunning two thirds of Undocumented immigrants pay Medicare, Social Security and personal income taxes.
Yet, nativists like Congressman Tom Tancredo, R-Colo., have popularized the notion that illegal aliens are a colossal drain on the nation’s hospitals, schools and welfare programs — consuming services that they don’t pay for.
In reality, the 1996 welfare reform bill disqualified Undocumented immigrants from nearly all means tested government programs including food stamps, housing assistance, Medicaid and Medicare-funded hospitalization.
The only services that illegals can still get are emergency medical care and K-12 education. Nevertheless, Tancredo and his ilk pushed a bill through the House criminalizing all aid to illegal aliens — even private acts of charity by priests, nurses and social workers.
Potentially, any soup kitchen that offers so much as a free lunch to an illegal could face up to five years in prison and seizure of assets. The Senate bill that recently collapsed would have tempered these draconian measures against private aid.
But no one — Democrat or Republican — seems to oppose the idea of withholding public services. Earlier this year, Congress passed a law that requires everyone who gets Medicaid — the government-funded health care program for the poor — to offer proof of U.S. citizenship so we can avoid “theft of these benefits by illegal aliens,” as Rep. Charlie Norwood, R-Ga., puts it. But, immigrants aren’t flocking to the United States to mooch off the government.
According to a study by the Urban Institute, the 1996 welfare reform effort dramatically reduced the use of welfare by undocumented immigrant households, exactly as intended. And another vital thing happened in 1996: the Internal Revenue Service began issuing identification numbers to enable illegal immigrants who don’t have Social Security numbers to file taxes.
One might have imagined that those fearing deportation or confronting the prospect of paying for their safety net through their own meager wages would take a pass on the IRS’ scheme. Not so. Close to 8 million of the 12 million or so illegal aliens in the country today file personal income taxes using these numbers, contributing billions to federal coffers.
No doubt they hope that this will one day help them acquire legal status — a plaintive expression of their desire to play by the rules and come out of the shadows. What’s more, aliens who are not self-employed have Social Security and Medicare taxes automatically withheld from their paychecks.
Since undocumented workers have only fake numbers, they’ll never be able to collect the benefits these taxes are meant to pay for. Last year, the revenues from these fake numbers — that the Social Security administration stashes in the “earnings suspense file” — added up to 10 percent of the Social Security surplus.
The file is growing, on average, by more than $50 billion a year. Beyond federal taxes, all illegals automatically pay state sales taxes that contribute toward the upkeep of public facilities such as roads that they use, and property taxes through their rent that contribute toward the schooling of their children.
The non-partisan National Research Council found that when the taxes paid by the children of low-skilled immigrant families — most of whom are illegal — are factored in, they contribute on average $80,000 more to federal coffers than they consume. Yes, many illegal migrants impose a strain on border communities on whose doorstep they first arrive, broke and unemployed.
To solve this problem equitably, these communities ought to receive the surplus taxes that federal government collects from immigrants. But the real reason border communities are strained is the lack of a guest worker program.
Such a program would match willing workers with willing employers in advance so that they wouldn’t be stuck for long periods where they disembark while searching for jobs. The cost of undocumented aliens is an issue that immigrant bashers have created to whip up indignation against people they don’t want here in the first place.
With the Senate having just returned from yet another vacation and promising to revisit the stalled immigration bill, politicians ought to set the record straight: Illegals are not milking the government. If anything, it is the other way around.
The Undocumented Immigrants pay the exact same amount of taxes like you and me when they buy Things, rent a house, fill up gas, drink a beer or wine, buy appliances, play the states lottery and mega millions . Below are the links to just a few sites that will show you exactly how much tax you or the Undocumented Immigrant pays , so you see they are NOT FREELOADERS, THEY PAY TAXES AND TOLLS Exactly the same as you, Now if you take out 10% from your states /city Budget what will your city/state look like financially ?
Stop your folly thinking , you are wise USE YOUR WISDOM to see the reality. They pay more taxes than you think, Including FEDERAL INCOME TAX using a ITN Number that is given to them by the IRS, Social Security Taxes and State taxes that are withheld form their paychecks automatically.
I know that a lot of people are really upset about this. But then there is the other side. I will tell mine. My father told my mother he was bring us to the USA legally, we had a happy life for about 5years. After that I got a job had a wonderful job and life. Well, I found out that we were here illegally. I have a 4yr little girl and for a short time even married a USA citizen (my daughters dad) and there is nothing I can do exept go back to Mexico and wait and see if they let me come back. My little one is just like her dad white if I take her now someone will take her and ask for a ransum thinking I have money. I can not leave her here bacause her dad lives in other state and can even pay child support. FYI I can not get earned income credit or health care for her. I understand that what my dad did was wrong and I do not speak to him now. Now my little and I are stock in the middle and whatever I do will hurt us both.
Teressa YOU HAVE OUR PRAYERS. GOD WILL LOOK AFTER YOU AND YOUR DAUGHTER, AMEN.
Fraidykatt, here is the link to Merriam Webster Dictionary, there is NO such term as “ILLEGAL IMMIGRANT.
http://www.merriam-webster.com/dictionary/illegal+immigrant.
There is also NO such word as “Illegal Immigrant” in Blacks Law Dictionary.
At least get educated and use the proper word.
American Patriot.
Is that what you do. Just keep cut and pasting the same story that you have spent months creating and then go around to different web sites and post it?
Do you think that really convinces anyone to change their minds?
As to my credentials I am not into immigration law at all. However once again I will repeat that you can cut and paste this long winded speech all you want but in the end those people here illegally are still here illegally. No amount of law is going to change the law.
No where did I call any of these illegals criminals. I happen to believe they are most likely decent people just trying to get a break. But get in line.
Like I said their are two types of people in this debate….Those that say yes and those that say no.
So go ahead. Cut and paste the same rebuttal and pretend your an immigration lawyer or whatever you are claiming but in the end my rebuttal will still be the same.
Nothing personal but they are still here illegaly.
Illegal is a word.
Immigrant is a word.
At least get educated and use the proper word. What word would you have me use?
Brainded one question, “Do you know how to manage your money?” I am asuming that you do not cause you mentioned you cant pay your own bills. Learn how to manage your money and your be able to pay your bills. As it is true that it does not matter what we think, but if passed this immigration reform act will benefit me.
One more thing Brainded if they did not pick the tomatoes, citrus and its family, onions, watermelons, cabbage, all the berries, potatoes, cotton industry, planting pine trees for future houses, carrots, cucumbers, milking cows, and etc. What would you eat and where would you get it from.
Jobs are always going to be avialable for those persons who want and is willing to work, illegal or U.S citizens. It all depends in the neccesity that one is in at the moment to accept or deny the job. So who ever came up with the idea “can an illlegal do a job an American doesn’t have???” does not know what he is talking about.
Navellaneda
You are getting your apples and oranges confused.
No one, least of all me, is saying that LEGAL immigrants are unwelcome or are not necessary.
We are NOT talking about LEGAL immigrants. We are talking about ILLEGAL Immigrants. They are welcome…………to get in line with the rest of those seeking LEGAL status in this country.
I fully understand and appreciate the work they do. I just want them to do it LEGALLY. So with that I have to agree with Fraidykatt up there. Yes or NO. No ifs ands or butts in this debate.
LEGAL or ILLEGAL they are both doing the same type of work and personally I haved experienced all these types of jobs, which are not of pretty sites, which I have listed above and understanding that most are seeking a better life style. Who are we to say which is which and the status of their efforts in achieving their Legal status.
@Brainded
Those who are against Immigration Reform are Those who have NO CLUE or QUALIFICATIONS about Immigration are those who show their IGNORANCE
In the 20-plus years I have spent studying, lecturing and litigating immigration issues, two things have always amazed me. The first is the amount and intensity of hate spewed against undocumented workers. The second is the amount of misinformation that is published about them.
On this second point, the quote from Mark Twain is illustrative. “A lie can travel halfway around the world while the truth is putting on its shoes.” I suppose this may be true in part because misinformation, like a lie, requires no accuracy, validation or research; all of which are time-consuming practices.
The recent letters alleging that all undocumented workers are “criminals,” and specifically Veronica Suarez, whose plight was written about in the Tracy Press recently, is a criminal are factually incorrect.
According to the facts (as stated in Sharon Franceschi’s Sept. 7 commentary) Saurez entered the U.S. on a valid visa, overstayed her visa when it expired, resulting in her unlawful immigration status. None of these acts, as stated by Franceschi, constitute a crime under federal or state law. Overstaying a valid visa under the Immigration and Naturalization Act is a civil violation of the law, not a criminal violation. Being in the U.S. in under undocumented status is not a criminal violation, but a civil violation of the INA.
The facts, as stated by Franceschi, do not indicate that Suarez has committed any crime. To call her a criminal is erroneous at best, and libelous at worst.
Furthermore, it is an Americanism that a person is innocent until proven guilty. So until Suarez (or any other undocumented person) is charged and found guilty of a crime, it would be inappropriate to call them “criminals.”
It is important to note that there is a very large difference between civil and criminal violations of law. The distinction is so important that the law makes the erroneous allegation that one has committed a crime of slander or libel, (which means liability is automatic even without proof of damages). One who violates the civil law is no more a criminal than someone who has breached a contract or accidentally damaged another’s property.
It is true that entering the United States without inspection is a misdemeanor under the INA. The misdemeanor is completed once an individual’s entry is complete. Suarez, according to Franceschi, did not enter without inspection; she entered with a valid visa. According to U.S. Immigration and Citizenship Services statistics, about 40 percent of undocumented persons enter legally and overstay their visas (which, as stated above, is not a crime). Consequently, at least 40 percent of the undocumented population has committed no crime in regards to their immigration status.
Therefore, one cannot assume that a person has committed a crime simply because they are undocumented.
Franceschi is also in error in her allegation that getting married and having children while being undocumented in the U.S. is a violation of the law. It is not. Franceschi goes on to say that Suarez “apparently bought a house illegally.” It is unlikely that Franceschi knows exactly how Suarez purchased her home. Consequently, any allegation of illegality is, at a minimum, irresponsible.
It is also important to note that the Immigration and Citizenship Services doesn’t consider all undocumented persons criminals. When the Immigration and Citizenship Services publishes information about its enforcement activities involving undocumented workers, it are always sure to make a distinction between “criminal” and noncriminal aliens.
Another myth is that the term “illegal aliens” is a term of art or is legal jargon. This term is not found anywhere in the INA or in Blacks Law Dictionary. The INA refers to undocumented persons as either an EWI (entered without inspection) or as someone who has overstayed their visa. “Illegal aliens” is a term invented by anti-immigrant groups designed to put undocumented persons in the worst possible light and to instill fear in Americans. It is intentionally designed to associate undocumented persons with criminality.
This xenophobic view that undocumented persons are “simply criminals” comes from the historical stereotype that the foreign-born, especially undocumented immigrants, are responsible for higher crime rates. This misconception has deep roots in American public opinion and popular myth. This myth, however, is not supported empirically and has repeatedly been refuted by scientific studies. Both contemporary and historical data, (including U.S. governmental studies) have shown that immigration is associated with lower crime rates.
The studies have uniformly shown that recent immigrants (including the undocumented) are less likely to be involved in violent crime, and that when there is an increase in immigration patterns, violent crime decreases. This has been shown to be true in large cities with heavy immigrant populations.
In the most recent of these studies, The Myth of Immigrant Criminality and the Paradox of Assimilation (2007), from the Immigrant Policy Institute, it was found that among men age 18 to 39 (who are the vast majority of inmates in federal and state prisons and local jails), immigrants were five times less likely to be incarcerated than the native-born in 2000.
During the Proposition 187 debate, then-Gov. Pete Wilson published statistics that stated that
12 percent to 15 percent of the state prison population had Immigration and Citizenship Services holds or potential holds. The Department of Corrections analyst who compiled these numbers said Immigration and Citizenship Services holds are placed on inmates who were born outside of the U.S. (therefore 12 percent to 15 percent of the prison population was immigrants). The immigrant population at the time in California hovered at about 25 percent, showing immigrants were much less likely to be incarcerated than the native born in California.
In short, the data shows you are much safer if your neighbor is an immigrant.
Franceschi owes Suarez an apology. I am also surprised that the Tracy Press allowed a commentary to run without checking the facts. Although commentaries are designed to allow for the expression of differing opinions, the First Amendment is not as generous with misstatements of facts — especially when the facts can be libelous.
For the immigration debate to be a healthy one, we should strive for a debate based on facts, not myth or tired stereotypes. We should also not let our position on this topic strip us of one of the great qualities we possess as people — the ability to be compassionate.
Arturo E. Ocampo of Tracy has been a practicing attorney
LEGAL or ILLEGAL they are both doing the same type of work and personally I haved experienced all these types of jobs, which are not of pretty sites, which I have listed above and understanding that most are seeking a better life style. Who are we to say which is which and the status of their efforts in achieving their Legal status.
This simply points out your apparent contempt for American law and is one of the reasons why a majority of Americans want you deported. Thats the yes or no of this debate.
Incidently I do believe that if you were not ILLEGAL you could improve your working conditions but because you choose to be here illegally then you continue by your actions to keep your working conditions at a minimum level of tolerance when as a legal immigrant you could have so much more.
Its to your benefit to be here legally.
Brainded for your information I am U.S. Citizen born and raised in south Texas. Agreed that one could do so much more when he or she is legal resident, but like I mentioned it all depends on what is ones need at the current time when people make their decisions. People have different needs and will decided what is best for their families. I believe that law is meant to be followed, but law is not fair in certain situations. For some reason I dont think you have experienced any type unsanctuary conditions like some of these individuals have.
GOD may bless to legal and illegal and will do whatever good for this great nation. you guys don’t need to worry, he will worry for everybody. This earth belongs to the all mighty jesus and we all are tenent, however we only can speak about illeagl, if we have not done anything illeagle in our life. again may GOD bless to everybody provide a sense to all.
Obama will whatever he can to help this country.include immigration .
@American Patriot
American Patriot, whoever you are, you’re the most smartest person ever sent a comment regarding undocumented workers. Your piece is very enlightening and with much compassion about illegals. I salute you for that. May the Good Lord always guide and protect you. We will always pray for you!
I worked with unemployed people who came to this country the right way. One mother had to leave her husband and young son. She was sending money to them to have them come to this country legally. Then she got layed off. It is a slap in the face to her and others who try to do the right thing if the President just gives amnesty.
It seems undocumented people get everything handed to them. I hope the President does the right thing for those who have broken the law. Let them each apply for citizenship and pay the price for breaking the law. Everyone wants life better for their children,but teaching them to disrepect the law is not better.
We have so many people, that rent is outrageous in California, our unemployment is over 10.5 %. food prices are going sky high. Now where I work, there are layoffs coming. What can I do? Leave the country or state where I born?
Here is a question to all of the people in this discussion that are against legalizing the illegal population in the United States: Are you against improving the apparently broken system? or are you against legal immigrants from Mexico?. I believe these are 2 different issues that no one dares to address but generalizes.
I am a foreign national who has lived in the United States “illegally” for over 10 yrs. I quote “illegally” simply because the only aspect of my unresolved immigration status is the fact that I’m an undocumented person residing in the US(I have legally attained a SS card in my legal name along with a DL) Other then that, I have worked, paid over 200k in Federal and State taxes, paid property taxes, purchased new American made cars, supported local organization,basically blended into a community like any law abiding American Citizen. Unfortunately, due to the ailing economy, The whole company I have worked for had gone under and had laid off all of it’s work force, including me. Despite having had paid lots of taxes over the last decade years, I am not qualified for unemployment or any other government assistance (I have no children) to back up a bit I had moved here with my mother as a teenager, I simply had no choice. This is exactly why the system is “broken” people like myself are simply unable to prove their ability to blend in with the American society to legalize their status.
Truth: One fact that you can’t spin is that 100% of all illegal aliens are lawbreakers. Any illegal alien who is working, or has worked, in the United States has committed a crime. Among these crimes are (most are felonies) ID theft, document fraud, Social Security fraud, conspiracy to violate immigration laws, income tax evasion, and employment (I-9) fraud. Many illegal aliens also commit welfare fraud and food stamp fraud by using their stolen or fraudulent documents. Anybody who claims that illegal aliens commit less crime than Americans is either extremely ignorant or is a bold-faced liar.
There have been illegals coming to the USA since 1930. NOW there’s a problem. Illegals are here for the same reason there are drugs in prisons. The people who were the “watchdogs” to keep this from happening closed their eyes in one way or another. I live in a farming town. Without the illegal, there would be no farming. If US citizens had to work in the fields, produce would be a fortune. I know that I, a US Citizen, would NEVER consider working in the fields. I would go on welfare first. The farmers send their children to college and they NEVER return to the farm except to visit. I am married to an illegal farm laborer. I am a USA born citizen. Neither I nor my husband have ever asked for welfare or anything else from the government. We pay over $2,000 per year in taxes. This is $2,000 more than what is taken out of our checks every month. Since his work is seasonal, when he is layed off, there is no unemployment. I think whomever says the illegals commit fraud, need to REALLY find out the facts. Five years ago, when I applied to legalize my husband, I paid to Homeland Security and the US Embassy over $2,000. Where did that money go? In the end I had to get a lawyer for my husband, so far I have paid over $5000 for that. After paying nearly $10,000, my husband is still not legal. Where is the over $2,000 that I have paid the US government agencies? NOW WHO IS COMMITTING THE FRAUD?
I hope I will not have to be banished from my own country just because of the person I have chosen to spend the rest of my life with. But, if that is the end result, so be it.
what i noticed about this article is that all the people are hiding their faces as they are being deported, but they didnt hide their faces when they were marching, and yelling “si se puede” to the top of their lungs carrying their native flags while turning our american flag upside down and some of the men were stamping allover the american flag! do you think these people who want amnesty love us they hate americans and for sure they hate me a mexican-american. their interest is to exploit the usa by having a bunch of anchor babies and educate all their illegal children. they are here because of the benefits they receive! and lydia for your information my first job was picking cotton and tomatoes and my mom was never on welfare or food stamps and yes they do commit fraud with a false social security. so yes napolitano should step down from office and let somebody else start deporting the 20 million illegal aliens and the sooner the better!