Sheriff to cede immigration-enforcement foothold

PHOENIX (AP) — An Arizona sheriff known for crackdowns on people living in the country illegally is giving up his last major foothold in immigration enforcement efforts that won him popularity among voters but gradually were reined in by Congress and the courts.

Maricopa County Sheriff Joe Arpaio’s office revealed late Wednesday that it was agreeing to disband a controversial squad that has raided businesses to arrest more than 700 immigrants who were charged with using fake or stolen IDs to get jobs.

“He has proved that when he gets involved in immigration enforcement, he tramples on the U.S. Constitution, at great expense to taxpayers and public safety,” said Cecillia Wang, an American Civil Liberties Union lawyer who won a racial profiling case against Arpaio’s office.

The revelation that Arpaio was voluntarily closing his criminal employment squad comes after the sheriff’s office was stripped of special federal immigration powers, found to have racially profiled Latinos in traffic stops, and investigated by federal authorities for alleged civil rights violations. The courts also have thrown out many of Arizona’s immigration laws.

Arpaio still retains limited power to confront illegal immigration, such as a civil law that imposes business-license punishments on employers who knowingly hire immigrants in the country illegally.

The sheriff’s office didn’t respond to a request Thursday to interview Arpaio. But it issued a statement saying the squad will be disbanded early next year, and that grant money used in the enforcement of the ID theft laws will be returned to the state.

The sheriff’s road to immigration enforcement began in 2005 as voter frustrations grew over the state’s status as the then-busiest in immigrant smuggling and state lawmakers started responding to their complaints about Arizona’s porous border with Mexico.

Like other local police bosses, Arpaio previously left immigration enforcement to federal authorities.

He explained his decision to enter immigration enforcement as addressing a public safety concern. And he eventually set up squads that focused on immigrant smuggling and businesses that hired immigrants.

“We don’t go after the addicts on the street,” Arpaio said in a 2005 interview about his newly formed smuggling squad, likening his immigration crackdown with his approach to investigating drug cases. “We go after the peddlers. Same philosophy.”

His supporters have said the sheriff was the only local police boss to do something about illegal immigration in the face of inadequate federal enforcement.

Critics say Arpaio picked on powerless immigrants because it was popular with voters. They said Arpaio focused too much on rank-and-file immigrants and gave too little scrutiny to smugglers and employers who hired immigrants in the country illegally.

Arpaio’s immigration efforts reached their peak around 2010 when he launched immigration patrols known as “sweeps.”

During those stings, deputies flooded part of a city — in some cases, heavily Latino areas — over several days to seek out traffic violators and other offenders.

Immigrants who were in the country illegally accounted for 57 percent of the 1,500 people arrested in the 20 sweeps conducted by his office since January 2008, according to figures provided by Arpaio’s office.

But a backlash was brewing in Washington and in the courts.

In late 2009, Washington stripped some of his deputies of their power to make federal immigration arrests.

A federal judge last year ruled Arpaio’s office systematically racially profiled Latinos in traffic and special immigration patrols. The sheriff vigorously denies the court’s conclusions.

Arpaio’s now-disbanded immigrant smuggling squad recently came under scrutiny from the judge in the profiling case after allegations of misconduct surfaced this year, including whether a squad member was shaking down people who were in the country illegally.

The sheriff himself has been criticized by the profiling case’s judge for not embracing the changes needed to remedy constitutional problems with some of his agency’s traffic stops. The judge is moving closer to launching a contempt-of-court case against Arpaio for repeatedly disregarding orders in the profiling case.

Even though his involvement in immigration enforcement has gradually dwindled over the years, Arpaio still speaks up on the subject.

Last month, he filed a lawsuit that seeks to dismantle President Barack Obama’s executive order that lifts the threat of deportation from millions of immigrants living illegally in the United States.

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Immigration Driving Broad Demographic Shifts In U.S., Report Says

Navy Petty Officer Jimmy Dial, left, sits with his daughter Kimberly beside U.S. Army soldier Henri Blandon and his daughter as the men's wives and the girls' mothers become U.S. citizens at a naturalization ceremony last month in Ontario, Calif.i
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Navy Petty Officer Jimmy Dial, left, sits with his daughter Kimberly beside U.S. Army soldier Henri Blandon and his daughter as the men’s wives and the girls’ mothers become U.S. citizens at a naturalization ceremony last month in Ontario, Calif.

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Navy Petty Officer Jimmy Dial, left, sits with his daughter Kimberly beside U.S. Army soldier Henri Blandon and his daughter as the men's wives and the girls' mothers become U.S. citizens at a naturalization ceremony last month in Ontario, Calif.

Navy Petty Officer Jimmy Dial, left, sits with his daughter Kimberly beside U.S. Army soldier Henri Blandon and his daughter as the men’s wives and the girls’ mothers become U.S. citizens at a naturalization ceremony last month in Ontario, Calif.

Nick Ut/AP

Native-born Americans are making up a smaller percentage of those living in some areas of the U.S. as immigration moves to become the key factor in population growth within the next quarter-century, according to a new analysis by the Pew Charitable Trusts that examined county-level census data.

The U.S. Census Bureau has projected that migration to the U.S. will become the primary driver of population increases sometime between 2027 and 2038, but Pew’s Immigration and the States Project has taken a closer look at the trend.

Key findings in the Pew report include:

— The percentage of immigrants in the “gateways” of California, Florida, Illinois, New Jersey, New York and Texas, has decreased, while as a percentage of the population, they have increased in other states, including Nevada, North Carolina and Washington. The numbers include both legal and illegal immigration to the U.S.

— Immigration is driving population growth in the Sunbelt, Pacific Northwest and Mountain states. According to Pew:Several states not traditionally regarded as destinations for immigrants also saw substantial growth because of immigration, including Washington, North Carolina, Maryland, and New Mexico. In Maryland, 22 of 24 counties experienced growth in foreign- and native-born populations, with the former accounting for an average of 24 percent of growth.”

— The portion of native-born Americans in some parts of the country has fallen. This change is mainly concentrated along a north-south axis from Montana and North Dakota to Texas. Pew says: “[The] native-born population decreased in the counties running down the nation’s midsection, and along the Mississippi River in southern Arkansas and western Mississippi, as well as in some other isolated areas. Counties in the Great Plains that had relatively small populations to begin with lost a substantial portion of their native-born residents. Approximately two-thirds of counties in North Dakota, Kansas, and Nebraska experienced some decline in their native population; those counties had an average decline of 12 percent.”

— Immigration has slowed population declines in many of those same areas in Middle America. Pew says:In a swath of counties running from the Dakotas to the Texas Panhandle, and in the southeastern corner of Arkansas, the native population declined while the foreign-born increased. In the counties indicated by light green, the growth of the foreign-born did not fully replace native-born loss, but the population would have declined even more if not for the growth of the immigrant population.”

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Tucson police to stop some immigration checks

TUCSON, Ariz. (AP) — Tucson police said Wednesday they will no longer fully enforce the state’s landmark immigration law that requires local police to check the immigration status of people they encounter while enforcing other laws.

Chief Roberto Villaseñor said his officers will now only check immigration status and call the U.S. Border Patrol when a person has prior serious felony convictions, poses a threat to national security or has gang affiliations.

The criteria was set out for federal immigration authorities in an executive order issued last month by President Barack Obama intended to prioritize offenders for deportation.

The Arizona law, SB 1070, requires police, while enforcing other laws, to question the status of people suspected of being in the country illegally.

The Tucson Police Department appears to be the first major law enforcement agency to announce scaled-back enforcement of the law.

Phoenix police spokesman Sgt. Jonathan Howard said he did not believe his department was changing its policy regarding SB 1070 enforcement.

Villaseñor cited a provision in the law that says police should only enforce it when it is practical. He contends it is no longer practical because immigration authorities do not respond to calls by police in the vast majority of cases.

Tucson officers have placed about 11,000 calls to the Border Patrol since July on such matters and only received 94 replies, the chief said.

“So it’s really a futile effort,” he said.

Villaseñor has been a vocal opponent of the law but has said he is obligated to enforce it.

When the Tucson City Council raised concerns about school resource officers asking about the immigration status of students in high schools in September, Villaseñor said police would be breaking the law if they didn’t abide by SB 1070.

However, at a meeting Tuesday, the City Council approved an amended contract that bars police from asking students about their immigration status.

Obama’s sweeping directive allows some immigrant parents of U.S. citizens to remain in the country through a program similar to one known as Deferred Action for Childhood Arrivals, which prevents the deportation of youth who were brought to the country illegally as children.

“The vast majority of people that we do charge and arrest on a daily basis are not gonna fit the criteria that would require a Border Patrol check,” Villaseñor said. “It’s a change, but I think that every agency across the state is approaching 1070 differently.”

Former state Sen. Russell Pearce, the architect of the law, said he found the new policy in Tucson to be an insulting violation of SB 1070.

“It’s nothing less than malfeasance,” he said.

Pearce said the part of the law spelling out practical enforcement applied to police officers who were in the middle of an investigation into someone’s immigration status and had to respond to a more urgent call.

“That’s not a policy to sit on your butt to do nothing,” he said.

Villaseñor said officers will stop checking the immigration status of some people by the end of the week. Police will still conduct criminal background checks and call immigration authorities if a person falls under the priorities used by federal officials.

James Lyall, an attorney for the ACLU of Arizona, said he was skeptical about the changes.

“The fundamental concern remains: Are local law enforcement stopping people for the wrong reasons, and are they holding them solely to conduct an investigation of their status?” Lyall said. “If either of those things are happening, that violates the law.”

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Obama and Immigration: What He Did vs. How He Did it

By Julie Phelan

A slim majority of Americans support the immigration program created by Barack Obama’s executive action – but divisions on whether he exceeded his authority impede most of the political capital he might have gained.

Overall, 52 percent support Obama’s initiative, with 44 percent opposed. But 49 percent say he exceeded his authority, 51 percent say congressional inaction on the issue doesn’t justify his approach and the public also divides closely on whether or not Congress should try to block the program.

See PDF with full results, charts and tables here.

These sharp rifts in views of Obama’s method, combined with overall post-election advances for the GOP, are limiting the benefits the president may have hoped to glean. Fifty-five percent of Americans disapprove of his handling of the issue – down by 6 points since October, but still a majority. And more now trust Republicans in Congress over Obama to handle immigration issues, by 48-39 percent, reversing an 8-point Obama advantage a year and a half ago.

AUTHORITY – Even among people who support Obama’s program, a third don’t approve of his handling of immigration generally, and as many don’t pick him over the Republicans to handle the issue. That’s particularly true of those who back his initiative, but only “somewhat.”

At least some of this reflects the view that Obama acted outside his authority. Even among people who favor his program, nearly one in four thinks he exceeded his authority in creating it. In that group, 62 percent disapprove of his handling of immigration overall, regardless of the initiative; and 53 percent better trust the GOP on this issue.

RACE – Not surprisingly, this poll, produced for ABC by Langer Research Associates, finds there are very sharp racial and ethnic divisions on the issue. Obama’s executive action wins support from 72 percent of Hispanics, and an equal number of nonwhites overall, compared with 42 percent of whites.

Decidedly more Hispanics approve of the president’s handling of immigration now than in October, but that’s up from a low level – three in 10 then, 53 percent now. It was seven in 10 percent in May 2013, when congressional action on the issue seemed near.

Approval among whites, meanwhile, has held essentially even in the past six weeks, now just 26 percent, and also trails what it was a year and a half ago, by 11 points. Further, six in 10 whites think Obama went beyond his authority; as many say that congressional inaction is not a valid reason for him to have acted and that Congress should block the program.

Many fewer Hispanics feel the same – but that still means that even among Hispanics, three in 10 think that Obama overstepped his authority and that congressional gridlock was an insufficient rationale for acting. One in four Hispanics, moreover, feels that Congress should block the program from going forward. Views among nonwhites overall are similar.

Additionally, the number of Hispanics who trust the GOP over Obama to handle this issue has doubled, from 16 percent in May 2013 to 34 percent now, likely reflecting hesitation about the way immigration reform has been achieved. Whites’ preferences for the GOP over Obama also have grown – from a 45-36 percent split a year and a half ago to 59-27 percent now.

One takeaway is that even Hispanics are not monolithic in their attitudes on immigration. That should not be a surprise; while 46 percent of Hispanics are Democrats or lean toward the Democratic Party, an additional 33 percent are Republicans, or lean that way.

GROUPS – There also are profound political and ideological differences in views of Obama’s immigration program. Eight in 10 Democrats and 73 percent of liberals support it, compared with a quarter of Republicans and a third of conservatives. Independents and moderates fall in between, with 51 and 58 percent supporting the initiative, respectively.

Eight in 10 Republicans think Obama exceeded his authority, while an equal number of Democrats think he did not; independents divide, 51-45 percent. Views of the president’s rationale for acting, and whether Congress should try to block the program, are similarly divided.

Further, approval of Obama’s handling of immigration issues has increased by 14 and 13 points since mid-October among independents and Democrats, respectively, while holding essentially steady among Republicans. But even with that gain Obama has just 34 percent approval on the issue from independents, and they prefer the GOP in trust to handle it, by 47-37 percent.

Among other groups, support for Obama’s executive action peaks at 64 percent among adults younger than 30, compared with 45 percent among seniors. And approval for Obama’s handling of immigration overall has increased disproportionately among young adults, from 27 percent six weeks ago to 46 percent now – better, but still less than half.

METHODOLOGY – This ABC News/Washington Post poll was conducted by telephone Dec. 11-14, 2014, in English and Spanish, among a random national sample of 1,000 adults, including landline and cell-phone-only respondents. Results have a margin of sampling error of 3.5 points, including design effect.

The survey was produced for ABC News by Langer Research Associates of New York, N.Y., with sampling, data collection and tabulation by Abt-SRBI of New York, N.Y.

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End game: No immigration deal, just divisions

WASHINGTON (AP) — A Congress that began with bright hopes for immigration legislation is ending in bitter divisions on the issue even as some Republicans warn that the political imperative for acting is stronger than ever for the GOP.

In place of a legislative solution, President Barack Obama’s recent executive action to curb deportations for millions here illegally stands as the only federal response to what all lawmakers agree is a dysfunctional immigration system. Many Democrats are convinced Latino voters will reward them for Obama’s move in the 2016 presidential and Senate elections, while some Republicans fear they will have a price to pay.

“If we don’t make some down payment toward a rational solution on immigration in 2015, early 2016, good luck winning the White House,” said Republican Sen. Lindsey Graham of South Carolina, an author of the comprehensive immigration bill that passed the Senate last year with bipartisan support, but stalled in the GOP-led House.

With the expiration of the 113th Congress this month, that bill will officially die, along with its path to citizenship for the 11 million immigrants in this country illegally.

Immigration is certain to be a focus for the new, fully Republican-led Congress when it convenes in January — but there’s little expectation the GOP will make another attempt at comprehensive reforms.

Instead, GOP leaders in the House and Senate have pledged to take action to block Obama’s executive moves, setting up a battle for late February when funding expires for the Department of Homeland Security, which oversees immigration matters. House Speaker John Boehner, R-Ohio, has promised action on a border security bill as part of that.

Whether Congress can do anything to stop Obama remains unclear, since he’s certain to veto any effort to undo his executive moves. It’s also not clear lawmakers could pass a border bill, or that Obama would sign it if they did.

While some congressional Republicans are arguing for action on piecemeal reforms, most advocates are resigned to waiting until a new president takes office in 2017 for lawmakers to make another attempt at a comprehensive overhaul that resolves the central immigration dilemma — the status of the millions here illegally.

“They had the best chance in a generation and they couldn’t get enough support from the Republican caucus,” said Frank Sharry, executive director of America’s Voice, an immigrant advocacy group. “It may well be that they’re going to have to lose the White House and both chambers of Congress for us to get comprehensive immigration reform.”

When Obama won a second term in 2012 with strong Hispanic and Asian support, many national Republican leaders decided they needed to support policies that would attract those growing blocs of voters. The Republican National Committee formally embraced support for comprehensive immigration reform as a guiding principle for the GOP.

But legislative efforts stalled in the House as conservative Republicans balked at Boehner’s efforts to advance the issue. Last summer’s crisis over an influx of unaccompanied Central American minors arriving at the border caused shelter overloads and case backlogs, straining resources and creating the impression that the border was out of control — further souring political prospects for reform legislation.

In absence of congressional efforts, Obama promised he would act on his own, and he made good on that shortly after last month’s midterm elections, announcing an array of changes that will include work permits and three-year deportation stays for some 4 million immigrants here illegally. It mostly applies to those who’ve been here more than five years and have kids who are U.S. citizens or legal permanent residents.

The move inflamed Republicans, who have been fighting about it ever since, including a failed effort by Sen. Ted Cruz, R-Texas, to block Obama in a Senate floor vote this past weekend. On Tuesday the dispute spilled over into debate on Obama’s nominee to lead the Immigration and Customs Enforcement agency, Sarah Saldana, the U.S. attorney in Dallas. She was confirmed 55-39 by the Senate over objections from Republicans who had initially supported her but turned against her because of her support for Obama’s executive actions.

Meanwhile, some immigration advocates complained that the steps didn’t go far enough as Obama faced criticism from both sides of the political divide.

A new Associated Press-GfK poll found that most Americans support allowing immigrants living in the country illegally a way to stay here lawfully. But only 43 percent of them think Obama was right to take executive action to make those changes, while 54 percent of them say he should have kept trying to make a deal with Republicans. Still, the poll also showed little sign of blowback for Obama. Although 57 percent disapprove of Obama’s handling of the immigration issue, that was down slightly from 63 percent in October.

A group of 24 states joined in a federal lawsuit filed in Texas alleging that Obama overstepped his constitutional powers in a way that will only worsen the humanitarian problems along the southern U.S. border. And Arizona Sheriff Joe Arpaio is in federal court in Washington, contending that the policy is a magnet for more illegal entries into the country that will impose a burden on law enforcement.

In a court filing late Monday, the Justice Department argued for dismissal of Arpaio’s case, saying he has failed to substantiate his claims.

Congressional Republicans say that Obama’s actions created an even tougher climate for immigration legislation, but many Democrats and advocates contend that Republicans were terminally stalled on the issue anyway. Some Republicans question whether immigration legislation really is a political imperative for the GOP. “It’s really mixed out there — some people want a big immigration bill, others don’t,” said Sen. Orrin Hatch, R-Utah, a supporter of reform efforts.

And two years after a “Gang of Eight” senators launched an immigration overhaul drive on Capitol Hill, some of those same players say they have no plans to initiate another such effort.

“I’m not going to start it in the Senate,” said Sen. John McCain, R-Ariz. “We’ve tried that.”

___

Associated Press News Survey Specialist Emily Swanson and writer Pete Yost contributed to this report.

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Documenting Immigration From Both Sides of the Border

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Immigration official to applicants for temporary status: 'Don't worry'

One of the nation’s top immigration officials is urging those who are newly eligible for temporary legal status to apply for the program without fear.

Speaking at a conference in Los Angeles on Monday, U.S. Citizenship and Immigration Services Director Leon Rodriguez said he knows that some immigrants in the country without permission may be wary of identifying themselves to the government as part of President Obama’s new program to defer deportations and grant three-year work permits to some immigrants with longtime ties to the U.S. 

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Obama braces for immigration battle with GOP

President Obama is bracing for a political and legal battle with Republicans next year over his executive actions on immigration, but as he seeks to rally support against the anticipated assault, a lingering frustration among some Latinos could mean renewed pressure on him to do even more to protect illegal immigrants.

After six years in which his administration had taken a tough line on deportations, Obama’s decision to shield up to 4 million more undocumented immigrants from being removed from the country was in part aimed at repairing damage with a key constituency whose support for the president had plummeted.

Their backing will be critical for Obama in the face of GOP efforts in the coming months to block his deferred action program by denying federal funding for it or to overturn the measure entirely through legislation. Beyond immigration, the president also has been counting on Latinos to support his new health care law.

In both cases, the administration’s strategy is to enroll as many people as possible to make it politically difficult for Republicans — and, in the case of immigration, to put pressure on Congress to find a longer-lasting legislative solution in Obama’s final two years.

But as he attempts to shift the burden back to the GOP, Obama has continued to face tough questions from Hispanic activists about why he had not done more, and done it sooner. Of particular concern to the advocates are those who were left out of the new deportation protections.

Obama’s response to these competing forces could complicate his record on what he had hoped would be a legacy issue for his presidency. Recently in Nashville, where the president was touting the benefits of immigration to local communities, he was confronted by influential Spanish-language television host Jorge Ramos of Univision.

“You destroyed many families,” Ramos said, noting his administration has deported more than 2 million people. “They called you ‘deporter-in-chief.’. . .You could have stopped the deportations.”

“No, no, no. That’s not true,” Obama protested, criticizing Ramos for wanting “simple, quick answers” to the complicated and deep-rooted problem of illegal immigration.

“It does a disservice,” the president added, “because it makes the assumption that the political process is one that can easily be moved around, depending on the will of one person, and that’s now how things work.”

There is no denying the widespread enthusiasm among immigrant communities for Obama’s executive actions, and advocates have praised him for taking action on his own to limit deportations. When combined with Obama’s similar 2012 program for younger immigrants, nearly half of the nation’s 11 million undocumented immigrants could qualify for deportation relief and gain work permits — twice the number that benefited from a 1986 law that allowed them to seek citizenship. Thousands lined up in Los Angeles over the weekend for an information session to learn whether they qualified.

Yet some advocacy groups, such as the National Day Laborer Organizing Network, vowed to maintain pressure on the president to take further actions to protect the rest. Hecklers interrupted Obama during recent immigration rallies in Las Vegas and Chicago demanding that he expand relief to more undocumented people.

In an interview with The Washington Post, Ramos called Obama’s actions “the most important immigration measures in almost 50 years.” But he said that “it’s a mixed emotion that many Latinos have. They are very grateful to this president, but they are also very pained and resentful for those millions of families that have been destroyed.”

He added that Obama’s legacy on immigration will include a “footnote” on deportations that “is measured in human lives.”

Such criticism clearly frustrates Obama and his advisers who argue that the president went to the legal limits last month when he announced that undocumented parents of U.S. citizens and legal permanent residents who have lived in the country for five years are eligible to apply for three-year deportation waivers.

Administration officials emphasized that the president accomplished this in the face of active resistance from most Republicans and after the GOP-controlled House this past summer scuttled a comprehensive immigration reform bill.

“This president moved heaven and earth to get Congress to do its job,” said Cecilia Muñoz, Obama’s domestic policy adviser. She added that the nation’s deportation policies amount to “a broken law that has terrible effects on the country. But I don’t think it’s particularly fair to place at the feet of the president Congress’s failure to do its job here.”

During an immigration rally at a Las Vegas high school, the president was interrupted several times by Jose Patiño, a 25-year-old math teacher from Phoenix. Patiño and his three siblings, who immigrated with their parents from Mexico in 1996, are recipients of the Obama administration’s 2012 deferred action program for younger immigrants. But none is a U.S. citizen, meaning their parents will not qualify under Obama’s new policies.

Patiño said in an interview that he believes Obama’s decision to leave out some groups was based on politics, and he rejects the president’s rationale that he was constrained by law.

“We had to do something to get the attention of the president and the media,” Patiño said of his outburst in Las Vegas. Others in the crowd tried to shout him down by chanting “Si, se puede!” — which roughly translates to “Yes, we can!”

Obama responded to Patiño by urging the crowd to press Congress to find a legislative solution: “Not everybody will qualify under this provision, that’s the truth. I heard you and what I’m saying is we’re still going to have to pass a bill.”

Administration officials said Obama carefully crafted his executive action to withstand the type of legal challenge filed in federal court this month by Texas and 16 other states on the grounds that the president is failing to enforce immigration laws. The administration will begin enrolling immigrants into the new deferred action program by this summer.

Last week, Obama invited two leading immigration reform advocates — Frank Sharry of America’s Voice and Lorella Praeli of United We Dream — with him aboard Air Force One to Nashville as a show of solidarity. Praeli, who was undocumented for 14 years, became a legal permanent resident two years ago and she said her mother will qualify under the new program. But, she said, the parents of about half of her organization, which represents the younger undocumented immigrants known as “dreamers,” will not.

Praeli, who also spoke with Obama in Las Vegas, said that on both occasions she “conveyed a sense of ‘we’re not done.’”

“We’re happy and proud for people who will qualify,” Praeli said. “But what happens to the people who don’t qualify. How will enforcement play out in their lives?”

Salvador Cervantes, an organizer for the Center for Community Change, asked Obama that question in the president’s town hall-style immigration event in Nashville. “Thank you for the 5 million, but what about the others?” he asked.

Obama answered by saying that his executive actions also included new guidelines in the Department of Homeland Security instructing immigration agencies to focus on deporting felons, terrorists and newly arrived illegal immigrants over those who have lived in the country for many years.

“If they’re law-abiding, if they’re working, if they’re peaceful,” Obama said, “then they’re much less likely to be deported now than they would have been in the past.”

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Immigration 'a Labour key pledge'

Labour leader Ed Milband played down a leaked document telling party activists to “move the conversation on” from immigration as he said he would make it a criminal offence for employers to undercut pay and conditions by exploiting migrant workers.

In the second of what Labour said were five key pledges for next year’s general election, Mr Miliband said the move would form part of a package to deal with concerns over immigration, also including the introduction of “proper” entry and exit checks, a limit on in-work benefits for EU migrants, and the extension to two years of the period before which immigrants can claim out-of-work benefits.

The pledge came as a leaked document showed that Labour activists had been urged by party chiefs to “move the conversation on” when voters raise the issue of immigration.

The paper, setting out plans to counter the challenge from Ukip, was sent to dozens of MPs in constituencies where the eurosceptic party threatens to rob the opposition of the votes needed to return to power at next May’s general election, the Daily Telegraph said.

At the end of his speech on immigration in Great Yarmouth, Norfolk, Mr Miliband described the document as “not very well drafted” but said there could be no suggestion he was seeking to dodge the issue.

He said: “I think what matters about our party is what I’m saying on this stage – the pledge we’re making rather than some not very well drafted language in a briefing document.

“I don’t think anybody’s in any doubt where Labour stands on this.”

He had not made any reference to the document during more than an hour of questions from the public but was pressed by journalists.

” We’re very clear about this, that’s why I’m standing on this stage with our pledge on immigration,” he said.

“The Labour Party not only takes this seriously, but I’ve changed Labour’s approach

“It’s the second pledge we’re making. It’s going to be on all our pledge cards for the general election.

“We think it is an important issue and it’s an issue we’re not only going to talk about but show the action we’re going to take.”

During his speech, Mr Miliband insisted: ” When people worry about the real impact immigration has, this Labour Party will always respond to those concerns, not dismiss them.

“It isn’t prejudiced to worry about immigration, it is understandable.”

And he said that leaving the EU, as Ukip advocates, would be “a disaster for jobs, business and families here”.

Labour has already promised to take action to stop migrant labour undercutting home-grown workers, by increasing fines for paying below the national minimum wage, closing loopholes in agency worker laws, banning recruitment agencies from hiring only from abroad, and calling for a new law against extreme cases of exploitation.

Mr Miliband said he wants to end an “epidemic of exploitation” which has led to “truly shocking” examples of migrant workers having their wages withheld and being forced to live in appalling conditions.

“When people can be exploited for low wages or endangered at work, it drags the whole system down, undercutting the pay and conditions of local workers,” said the Labour leader.

“We must end the epidemic of exploitation. We must stop people’s living standards being undermined by scandalous undercutting.”

Setting out his new proposals, he said: ” We are serving notice on employers who bring workers here under duress or on false terms and pay them significantly lower wages, with worse terms and conditions.

“We will make it a criminal offence to undercut pay or conditions by exploiting migrant workers.”

Aides said that bringing in foreign labour to undercut the pay and conditions of existing workers will not be sufficient, under Labour’s plans, to secure a prosecution on its own, but it could be used as a piece of evidence of exploitation.

To secure a conviction, evidence will be needed that an abuse of power has occurred and that migrants were employed on significantly different terms to local workers.

Mr Miliband said that, rather than the “false promises” to bring down net immigration offered by the Conservatives or Ukip’s “false solution” of quitting the EU, Labour will seek to offer “clear, credible and concrete solutions which help build a country that works for you”.

But Ukip leader Nigel Farage mocked what he said was “Mr Miliband’s latest relaunch” by posting a picture of the gesticulating Labour leader with a caption reading: “Immigration? Uh – quick, look over there!”

The 33-page leaked Campaigning Against Ukip document warns Labour campaigners that having immigration become a major talking point on the doorstep “does not translate into electoral advantage for us”.

“Immigration is the issue people most often cite when explaining support for Ukip,” it explains.

“It does not, however, follow that campaigning on immigration issues and emphasising our policies in our conversations with electors is always the correct response.”

While it was important to listen to concerns, it went on, “our focus instead must be moving the conversation on to issues where we have clear policy which tackles the problems people are worried about, whether they express those concerns through the prism of immigration or not”.

Campaigners should identify Labour strengths and “encourage them to think more about this … than immigration”.

The document exposes the level of disquiet that exists at the top of the party over the threat posed by Ukip, not least in former Labour strongholds in coalfield communities.

Alongside detailed constituency maps pinpointing areas where Ukip switchers are most likely to live, it warns that Labour supporters are being lured away because they “feel that the party has left them behind in pursuit of better-educated, middle-class, white-collar voters”.

A Labour spokesman said: “This document sets out clearly how candidates and activists will explain our policies on immigration and seek to explain how they fit into an overall vision for a country that works for everyday working people, not just a few.”

Shadow work and pensions secretary Rachel Reeves said she had not seen the document, but claimed the comments about moving voters’ conversations away from immigration had been “taken out of context”.

“This is clearly something that Labour is talking to voters about, and it is our second pledge after our pledge on the deficit last week,” she told BBC Radio 4′s Today programme.

“I haven’t seen the document but my understanding is those lines have been taken out of context.

“Some people have immigration as their number one concern. Other people do not. I think it is important when we are out campaigning that we focus on the issues that people are raising with us.”

Shadow home secretary Yvette Cooper said she did not sign off the leaked document.

Ms Cooper told Radio 4′s The World At One: “I’m afraid the document was wrong on this and it doesn’t reflect what we are actually doing.

“What Ed is talking about today is making a pledge on immigration the second pledge that we are setting out for our manifesto for the campaign for the general election, because we know that the three things that people have most concerns about are around the economy, around immigration and around our National Health Service.

“I’m not taking it too seriously and I don’t think you should take this document too seriously because it doesn’t reflect what we are actually doing.”

Labour MP Simon Danczuk said he was “concerned” about the document, telling The World At One: “I meet people on the doorstep and they talk about the NHS being under strain from immigration, they talk about housing and the pressure from immigration. In this part of the world, when people talk about crime, they sometimes mention trafficking, grooming gangs, sham marriages. This is the reality of it.

“So you can’t really shine a lot on your other policies without talking about immigration as well.”

The Rochdale MP warned that Mr Miliband risked appearing “anti-business” by focusing on employers’ responsibilities.

“My concern primarily is that often when Labour speak about immigration, we talk about the emphasis being on employers abiding by certain rules. I think it comes across as anti-business at times,” said Mr Danczuk.

“I think it’s important for government to do more in terms of immigration, not just to put it all on employers and on businesses. I’m a little concerned that the message we often send out is about employers and businesses doing more on immigration, when really it’s down to the government and agencies of the government to enforce and control immigration.”

TUC general secretary Frances O’Grady said: “This Government’s opposition to basic rights at work and unwillingness to enforce those that exist has helped make the UK the exploitation capital of Europe.

“We welcome these proposals to crack down on those who use migrant workers to undermine the existing workforce. Free movement of workers shouldn’t let unscrupulous employers get something for nothing. Everyone should be paid a decent wage for doing a decent job.”

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Demand Intensifies for Nonprofit Immigration Lawyers

Maria Caba went to an immigration legal clinic for help applying for deportation relief being offered young immigrants and walked with a path to legal residency.

Sofia was one of the many mothers locked up with her children in Artesia, N.M., after fleeing violence in Central America. Today, she has asylum in the U.S. and is now out of detention.

Sofia and Maria are among the lucky immigrants who were helped through the complex and multi-layered immigration system by networks of immigration lawyers working for free or for non-profits and religious groups.

The past summers’ flocking of children and families to the U.S.-Mexico border, the president’s impending executive action on immigration and the two-year-old Deferred Action for Childhood Arrivals, DACA, have intensified demand for immigration attorneys, particularly those who charge little to nothing. With each success, they amplify the difference good legal help can make in the lives of immigrants.

“We’ve long known that results in immigration court, in particular, vary widely depending on whether you have legal representation or not,” said Crystal Williams, American Immigration Lawyers Association, AILA, executive director.

“Now, what we are seeing quite honestly, is the people who are getting asylum and are getting bonded out of (the immigration detention center in) Artesia, had the attorneys not been there, they would have been removed already. The would be back in their home countries and facing the danger they were running from.”

Many immigrants never make it to even looking for a lawyer.

The American Civil Liberties Union reported this month that of the more than 400,000 people deported in 2013, 83 percent did not get hearings because many were sped out of the country by Customs and Border Protection officers who decide whether they get that chance or are removed.

But then there are the lucky few.

In the case of the detained mothers, 12 of 13 who were secured hearings in court with help from AILA’s pro bono Artesia project have won hearings. The project’s first loss came this month.

Among the victorious is Sofia, who fled violence in Central America with her three children after the family was targeted for their political beliefs, according to AILA which did divulge her full identify and detailed her case in a fact sheet. A powerful gang killed her brother, shot her husband and kidnapped and raped her 14-year-old daughter, AILA said.

Initially, the Department of Homeland Security declared her and her children security risks, denied them bond and fought their release from detention. But they won asylum on Nov. 5 with the help of the AILA legal assistance.

“We are just trying to get as many (out of detention) as possible. Many are granted bond but are not able to come up with the money yet,” Williams said. Initially set at $15,000 to $20,000, the bonds are now averaging about $3,000, she said.

Uncovering Legal Status

Caba, 27, of New York, grew up thinking she was like every other American kid. She learned otherwise in her sophomore year in high school, when she couldn’t supply a Social Security number for a blood drive. Her aunt revealed that her parents brought her to the U.S. from her native Dominican Republic when she was 2 and told her she was not legally in the country.

Caba worked jobs at a laundry and supermarket “off the books” and gave up going to college until 2012, when President Barack Obama’s executive action created DACA. From a YouTube video, Caba learned about Atlas:DIY, a non-profit that was reviewing young immigrants’ DACA applications.

Image: Maria CabaCourtesy of Maria Caba

When Caba couldn’t answer all the questions about her and her parents immigration history, Lauren Burke, Atlas: DIY executive director and an immigration attorney, filed a Freedom of Information Act, or FOIA, request to get Caba’s full immigration file. Its contents revealed that Caba, whose mother had been married to a U.S. citizen, was eligible for a green card. With the help of a second lawyer whose expertise was enlisted, Caba now is a legal permanent resident.

“I have no doubt in my mind another lawyer would not have thought to have done a FOIA. I had seen at least a dozen lawyers. Lauren is the one who said, ‘Since you don’t have all the answers, let’s do a FOIA to get your file,” Caba said.

Cases like Caba’s are not uncommon. In fact, for years those who work with immigrants had long shared anecdotes of such cases. With the surge of DACA cases, the New York-based Center For Migration Studies conducted a survey to check how common stories like Caba’s are.

The survey, done this past summer and fall of cases handled by 67 organizations, found that 14.3 percent of immigrants screened for DACA eligibility were potentially eligible for some other immigration benefit or relief.

Most common among the remedies were family-based petitions for legal permanent residency, 25 percent; U-Visas for crime victim, 23.9 percent and special immigrant juvenile status, 12.6 percent.

Immigrants without legal status who visited the legal offices for reasons other than DACA applications were also potentially eligible for other forms of relief, according to the survey done by Tom Wong, an assistant political science professor at University of California, San Diego.

“While the immigration debate often treats immigrants in binary terms, drawing a bright line between legal and illegal immigrants, the study highlights the fluidity of immigration status and the fact that a path to status may be only a legal screening away,” said Donald Kerwin, executive director of the Center for Migration Studies

“This is the whole reason civil society has been trying to build legal capacity over the years,” Kerwin said.

Over the past 20 years, the Catholic Legal Immigration Network, CLINIC, has grown from 17 to 260 affiliates with more than 400 legal officers, Kerwin said. But most immigration legal programs run on slight deficits every year, made up by their parent agencies. They operate on small legal fees for those who can pay them, from United Way fund drives, some foundation grants, individual donations and a very small amount from government, Kerwin said.

The survey’s findings, which require more study to determine percentages for the immigrant population nationally, argue for random screening of people here illegally by trusted non-profits and advocates.

Most people file applications for immigrant benefits themselves, Kerwin said. The best thing is to have them go through a screening that says, ‘Stop. Go see a lawyer now. You may be eligible for something other than DACA,” he said.

Can Texas Respond to Detainees?

Immigration legal aid groups in the San Antonio area and throughout Texas are about to feel a new demand for their services.

A quickly-created detention center holding mothers and their children who arrived at the U.S.-Mexico border this year was scheduled to close next week. The Department of Homeland Security is opening a facility in Dilley, Texas that is to be the largest detention facility for families. A facility in Karnes also has been prepared to accept families.

Williams said while there are more non-profits near those facilities and they are not as remote as Artesia, there is no pro bono infrastructure yet. She said AILA and others are working to set that up.

When the mothers and their children were first brought to Artesia, legal aid groups had to quickly scramble essentially a triage team of volunteer attorneys to ensure the families were humanely treated and that they could meet with lawyers before they were deemed deportable and taken out of the country.

“The situation in Artesia is something that really galvanized the immigration bar in terms of recognizing the need to provide representation to the women and children,” said Bradley Jenkins, who oversees CLINIC’s deportation appeals pro bono project.

Jenkins said because there is no right to representation in immigration court, the concentration of so many families in Texas will stretch legal resources available in the area, even though the detention centers will be less remote than the Artesia facility.

“I think we’ve seen in Artesia that the people who are coming are bon fide asylum seekers who at a minimum deserve a full and fair hearing before an immigration judge, with the help of an attorney,” Jenkins said.



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