Daily news updates from CIS

December 15, 2009

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[For CISNEWS subscribers --

1. Dems to introduce amnesty package (story, 7 links)
2. DHS: Gitmo detainees shall not reside in U.S.
3. Feds bring charges against PA cops
4. Census director: preparations nearly complete
5. Chicago terror probe widens (story, link)
6. Repatriation program relocates illegal entrants
7. SCOTUS to hear immigrant drug case (2 stories, link)
8. CO court strikes down identity theft investigation (story, 2 links)
9. Reports explore immigration, economy (2 stories)
10. MD county dismisses cops' concerns
11. AZ cities mull next step in anti-enforcement suit
12. New court opening in Georgia
13. Activists present 'border nativity'
14. Activist loses suit against CA city
15. CA Minutemen file complaint against lawyers
16. Servicemen naturalize in S. Florida
17. Young IN activist honored by governor
18. Foreign professionals seeking jobs abroad
19. PA firm accused of gaming visa program
20. FL activist gets reprieve against deportation
21. Teen admits role in kidnapping TX lawyer
22. TX pair jailed for visa fraud (link)
23. Cuban admits mail fraud, ID theft (link)

-- Mark Krikorian]

1.
Immigration bill backers try again despite jobless rate
By Stephen Dinan
The Washington Times, December 15, 2009


Democrats on Tuesday begin their new push for an immigration bill, hamstrung by the image of legalizing millions of illegal immigrant workers at a time when the unemployment rate stands at 10 percent -- more than twice what it was the last time Congress tried to act.

'It certainly will confuse the debate a lot more, but at the end of the day what we have to understand is fixing this system will be good for American workers,' said Eliseo Medina, executive vice president of the Service Employees International Union, which is one of the major advocates for legalizing illegal immigrant workers.

Rep. Luis V. Gutierrez, the Illinois Democrat who has taken over leadership on the issue after the death of Sen. Edward M. Kennedy, Massachusetts Democrat, plans to introduce an immigration legalization bill Tuesday, and backers are planning a strategy to avoid repeats of the failed attempts of 2006 and 2007.

In a letter to members of Congress last week seeking support for the bill, Mr. Gutierrez and Rep. Nydia M. Velazquez, New York Democrat and chairman of the Congressional Hispanic Caucus, said their legislation will end the off-the-books economy of illegal immigrant workers and protect American workers by raising labor standards.

'In these difficult economic times, we must ensure that everyone contributes toward the recovery and prosperity of our nation,' they wrote. 'To this end, it is imperative that all individuals and employers pay their fair share in taxes.'

A draft overview of the bill, circulated with the letter, ends some enforcement tools such as the 287(g) local police cooperation program, calls for an electronic verification system to replace the voluntary E-verify program, argues that there's no need for more U.S. Border Patrol agents or fencing, and establishes a long-term path to citizenship for illegal immigrants.

That path would require illegal immigrants to pay a $500 fine, pass a background check and learn English and civics to gain legal status. After six years, they could apply for legal permanent residence, or a green card, which is the interim step to citizenship. There is no 'touchback' provision requiring them to return to their home countries at some point in the process.

Republicans are sharpening their attacks and going straight for the jobs argument.

'With 15 million Americans out of work, it's hard to believe that anyone would give amnesty to 12 million illegal immigrants,' said Rep. Lamar Smith of Texas, the top Republican on the House Judiciary Committee. 'Even the open-borders crowd agrees that illegal immigrants take jobs from American workers, particularly poor and disadvantaged citizens and legal immigrants. This is exactly why we need to oppose amnesty.'

His office has calculated that there are 19 states where the number of illegal immigrants in the work force is at least 50 percent of the number of unemployed workers.

Arizona tops the list, with unemployment at 293,000 as of October and with 300,000 illegal immigrants either working or seeking work as of 2008, according to a 2009 Pew Hispanic Center report. New Jersey, Nevada, Maryland and Texas round out the top five states.

The Immigration Policy Center says employment is 'not a zero-sum game' and that a legalization program would increase tax revenues and consumer spending.

Supporters of legalization acknowledge the tough sell on jobs but say the math is more complex than stacking unemployment and immigration numbers against each other.

'Of course it complicates it. Of course the public's first reaction is understandable, it's why do we need more workers when upwards of 15 million Americans are out of work,' said Tamar Jacoby, president and chief executive officer of ImmigrationWorks USA, a coalition of businesses pushing for immigration reform.

But she said history has shown that there are some jobs that American workers won't take and immigrant workers will.

She pointed to resort communities in Michigan that struggled to find workers this summer even though they were just a couple of counties away from Detroit, which has been devastated by layoffs.

'Laid-off autoworkers in Detroit don't want to travel across the state, let alone across the country, to pick pears, pick apples,' she said.

'In 1986, the last time we tried immigration reform, Congress told itself that American employers could be weaned from their need for workers. That was just unrealistic because Americans do not want to work in meat-processing plants, they do not want to clean rooms in hotels, they do not want to work as dishwashers.'

The 1986 amnesty legalized millions of illegal immigrants but did not stop more from coming.

In 2006, at President Bush's urging, the Senate passed a bill to legalize most illegal immigrants and to boost security. That bill stalled when the House insisted on an enforcement-only approach.

In 2007, with Democrats in control of Congress, the Senate tried again -- but the bill failed after a public outcry shut down the Senate phone system and a bipartisan majority of senators joined a filibuster. Lawmakers said voters didn't think the government would follow through on enforcement.

The unemployment rate averaged 4.6 percent in 2006 and 2007, or less than half of the current 10 percent rate.

President Obama has said he wants Congress to act next year on immigration, and has tapped Homeland Security Secretary Janet Napolitano to begin organizing the administration's effort.

Ms. Napolitano, in a speech last month, said enough progress has been made on border security, and that she's trying to refocus interior enforcement on dangerous illegal immigrants and unscrupulous employers rather than workers. Part of that refocused effort involves audits of I-9 forms, the work authorization documents all workers must file when they take a job.

But Ms. Napolitano has taken fire from both sides. Those who want a crackdown say she's letting illegal immigrant workers off the hook by not deporting them when they're caught, while immigrant-rights advocates say the I-9 audit focuses on the wrong employers.

Mr. Medina, in a call with reporters Monday, said employers who fill out I-9 forms are at least employing workers on the books and paying taxes on their income. He said Ms. Napolitano instead should go after businesses that ignore the I-9 requirements and hire workers off the books, which he said makes those workers more open to exploitation.

'They are trying to look tough in enforcing the law. But this is not about looking tough; this is about solving problems,' he said.

+++

House Starts Immigration Reform Push
By Michael McAuliff
The New York Daily News, December 15, 2009


Bill Would Give Undocumented Legal Status
The Associated Press, December 15, 2009


FAIR to fight 'ridiculous' amnesty bill
BY Chad Groening
One News Now, December 15, 2009


Guti�rrez to Introduce Immigration Bill Today
By Chip Mitchell
The Chicago Public Radio News, December 15, 2009


Legal Limbo: Undocumented Students Eager for Congress to Act
Immigration Reform Bill Would Give Path to Citizenship for Niche Group of Illegals
By Devin Dwyer
ABC News, December 15, 2009


Tough road for immigration bill
By Josh Gerstein
The Politico (Washington, DC), December 15, 2009


US House Lawmakers To Unveil Immigration Bill; Path Forward Uncertain
By Corey Boles
Dow Jones News Wire, December 15, 2009


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2.
Gitmo Detainees Not Free in US After Prison
The Associated Press, December 15, 2009


Washington, DC (AP) -- Guantanamo Bay detainees brought into this country for trial will not be staying here, the Obama administration is promising.

A detainee tried in this country would be treated for immigration purposes as though he is at a U.S. border trying to get in -- and he won't get in, Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano said in Dec. 11 letter to Republican senators on the Judiciary Committee. The letter was obtained by The Associated Press.

Holder and Napolitano also asserted that detainee would not be given any immigration rights to reside in the U.S.

Detainees brought into the United States for prosecution ''are treated as though they are still at the border applying for admission throughout their period of time in the country,'' the secretary said in the letter. They said that if a detainee were brought to the U.S. for trial, he could be tried, convicted, serve prison time or be acquitted.

Holder and Napolitano cited a law that specifically states that the Department of Homeland Security may not spend any funds to give detainees immigration benefits, including classifying a detainee as a refugee or asylum seeker.

If a detainee cannot be returned to his country because he is likely to be tortured, the U.S. would seek another country to take him, they said.

The Obama administration has announced that five detainees will be tried in a New York federal court and more are likely to be tried in the U.S.

Sen. Jon Kyl, R-Ariz., was not satisfied with Napolitano's response, however. Kyl and other Republican senators had asked about the immigration rights of detainees in a letter last month.

''As you can imagine, even if they are not ultimately eligible for relief, terrorist detainees may seek legal rights under our immigration laws or assert such rights in federal court, thereby setting a precedent that could have grave consequences for the American public,'' the senators wrote.

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3.
Pa. police accused of lying in probe of fatal attack on immigrant by high school athletes
By Kathy Matheson and Michael Rubinkam
The Los Angeles Times, December 15, 2009


Wilkes-Barre, PA -- Four Pennsylvania police officers have been led into a courtroom in handcuffs for arraignment on charges that they orchestrated a cover-up in the fatal beating of a Mexican immigrant.

A federal indictment announced Tuesday accuses Shenandoah Police Chief Matthew Nestor and three officers under his command of charges including witness tampering and lying to the FBI in the 2008 death of Luis Ramirez.

The officers are awaiting their arraignment in a Wilkes-Barre (BEHR') courtroom Tuesday.

The indictment also charges two former high school athletes with a hate crime for allegedly shouting racial epithets at Ramirez while they were beating him.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

***

SHENANDOAH, Pa. (AP) — Four police officers in this Pennsylvania coal town are accused in a federal indictment of orchestrating a cover-up in the fatal beating of a Mexican immigrant, an attack that resulted in the acquittal of two popular high school football players of serious state charges.

The former Shenandoah High School athletes, 19-year-old Derrick Donchak and 18-year-old Brandon Piekarsky, have been charged with a hate crime, accused of beating Luis Ramirez while shouting racial epithets at him in July 2008, the Justice Department said Tuesday in Washington.

Separate indictments accuse Police Chief Matthew Nestor and three officers under his command with charges including witness tampering and lying to the FBI.

Nestor, Lt. William Moyer, and Officer Jason Hayes were charged with conspiring to obstruct justice during the investigation into the Ramirez beating. Moyer was charged with witness and evidence tampering, as well as lying to the FBI.

The police chief and his second-in-command, James Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.

No one answered the phone at the Shenandoah Borough Police Department on Tuesday. Piekarsky's lawyer didn't immediately return a call, and there was no lawyer listed for Donchak on the indictment.

Reaction among residents to the indictment was mixed.

'Why come in and stir it up again? Why stir it up?' said George Dambroski, 61. 'The town is stirred-up enough.'

Shawn Grady, 35, agreed with the new charges.

'The feds did what they should have done. No one deserves to die. At least, not like that. Justice should be done,' he said.

Donchak, Piekarsky and a third teen were previously charged in state court in Ramirez's death and cleared of all serious charges. State charges were dropped against a fourth suspect in exchange for a guilty plea to a federal civil rights count.

Piekarsky was acquitted by an all-white jury of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault, which carry possible one- or two-year prison sentences.

Piekarsky was sentenced in June to six to 23 months in prison, and Donchak was sentenced to seven to 23 months. Both are serving their sentences at the Schuylkill County jail.

The May verdicts were decried by Hispanic advocates who say Ramirez's death was part of a rising tide of hate crimes against Latinos.

The confrontation began when a half-dozen high school football players were headed home from a block party in Shenandoah, once a nearly all-white town 80 miles northwest of Philadelphia that has attracted Hispanic immigrants with jobs in factories and farm fields. They came across Ramirez, 25, and his 15-year-old girlfriend in a park.

An argument broke out, and the football players hurled ethnic slurs, although lawyers disputed who said exactly what. Defense attorneys called Ramirez the aggressor.

Soon Ramirez and Piekarsky were trading punches. Donchak jumped in — his lawyers said to break up the fight — and wound up on top of Ramirez. Prosecutors said he pummeled Ramirez while gripping a small piece of metal to give his punches more power; defense attorneys denied he had a weapon.

The fight wound down, but the argument continued. Ramirez charged the group. He was knocked out by a punch to the face. Prosecutors said he was killed by Piekarsky's kick to the head; defense lawyers said another teen delivered the fatal blow.

Ramirez, a native of the small central Mexican town of Iramuco, was in the United States illegally working at various jobs.

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4.
Census director: Preparations nearly complete and on track for successful 2010 head count
By Hope Yen
The Associated Press, December 14, 2009


Washington, DC (AP) -- The head of the Census Bureau says with preparations for next year's count nearly complete, he's growing more hopeful the government can achieve a strong response rate similar to what was seen in 2000.

In a news briefing, Robert Groves said the bureau recently finished compiling its master address list used to send out forms. He says an independent estimate shows the list's accuracy to be higher than what was seen in the last census.

The Census Bureau faces special challenges next year locating residents because of foreclosures, as well as immigrants wary of government workers amid a crackdown on illegal immigration. Groves says he's hopeful of a good response because of strong outreach that emphasizes the information will be kept confidential. The form next year also will be the 'shortest census in our lifetime' — taking just 10 minutes to complete.

He said people should stay tuned as the bureau kicks off its $300 million advertising campaign next month and begins its head count in parts of rural Alaska.

'The plan has been set. Operations have been assembled,' Groves said. 'It is a time for all of us, especially social, political and religious leaders around the country to get the word out that everyone needs to participate — that it is easy to do, and it's especially safe.'

The population figures, gathered every 10 years, are used to apportion House seats and distribute nearly $450 billion in federal aid.

In 2000, the Census Bureau noted for the first time an overcount of 1.3 million people, due mostly to duplicate counts of more affluent whites with multiple residences. About 4.5 million people were ultimately missed, mostly blacks and Hispanics.

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5.
Chicago terrorism case widens
U.S. authorities say two men accused of plotting an attack in Denmark knew about the rampage in India.
By Jeff Coen and Josh Meyer
The Los Angeles Times, December 15, 2009


Reporting from Washington and Chicago - Two Chicago men accused of planning an attack on a Danish newspaper knew beforehand about the terrorist attacks in Mumbai, India, last year that killed nearly 170 people, federal investigators said Monday.

In a conversation that investigators said they secretly recorded on a long car ride, U.S. authorities said the two men chatted about how they had known the terrorism rampage was about to begin in which 10 gunmen ran between hotels and other public places shooting people.

During the ride, U.S. officials said, Tahawwur Rana asked David Coleman Headley to pass along congratulations to the planner of the attack, a leader of the militant Pakistani organization Lashkar-e-Taiba.

'In the world, if there had been . . . a medal for command, top class,' Rana is alleged to have said.

A transcript of the conversation was released Monday in the federal case accusing Rana and Headley of links to terrorism plots in Copenhagen, Mumbai and elsewhere.

Headley is accused of scouting attack locations and Rana, the owner of a Chicago immigration consulting business, is under investigation for possibly financing his travels, sources have said.

The new court filing, submitted in an effort to keep Rana in custody, accuses him of being in much closer contact with others linked to the plots than previously alleged.

Federal authorities said Headley traveled at least five times to India at Lashkar-e-Taiba's direction. They said he told people he was a representative of an immigration business, and that he took video of target sites and scouted the best locations for the Mumbai attack team to make its landing.

Headley and Rana were charged in October with conspiring to attack the Danish newspaper Jyllands-Posten over its publication of cartoons of the prophet Muhammad that sparked riots in the Muslim world.

Authorities said Headley traveled to Denmark to scout an attack, visited the newspaper and told employees there he was working for an immigration business.

In their written bid to keep Rana behind bars, prosecutors said he was in Dubai speaking with retired military officer Abdur Rehman Hashim Syed days before the Mumbai assault. Syed, a man Rana reportedly knows as 'Pasha,' also is charged in the newspaper plot.

Sources said investigators used a bug in a car in September to record Headley and Rana discussing the Dubai meeting. According to the court filing, Headley recalled how Rana was told by Syed that the attacks were about to happen.

The court filing also said that the U.S. government thinks a Lashkar-e-Taiba operative who 'coordinated the attacks' in Mumbai was Headley's handler.

The government also thinks the operative is one of the people who can be heard on intercepts giving real-time guidance to the 10 Lashkar-e-Taiba gunmen on how to continue their three-day assault.

In court documents, the Justice Department has identified the operative as 'LeT Member A,' but U.S. and Pakistani officials think he goes by the name Sajid Mir, and that he is Lashkar-e-Taiba's head of international operations -- or attacks outside of Pakistan.

One senior Pakistani official said Pakistani authorities were still trying to determine Mir's identity, and that they think he was a ranking member of the Pakistani army until several years ago.

Pakistani authorities think Headley, Rana and Mir attended the same military high school, said the official, who spoke on condition of anonymity because he was not authorized to discuss the case.

The FBI arrested Headley, 49, on Oct. 3 as he was trying to board a flight that would have taken him to Pakistan. Authorities said he was traveling to visit his contacts about the newspaper attack.

The Pakistani American, who changed his name from Daood Gilani in 2006, has appeared in court in public once.

Rana, 48, was taken into custody Oct. 18, the same day as a raid on his immigration business and on a meat processing plant that has ties to him.

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Chicago Man Knew Of Mumbai Attack Beforehand - U.S.
Reuters, December 14, 2009


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6.
Road to Nowhere
By Brandi Grissom
The Texas Tribune, December 15, 2009


Presidio/Ojinaga -- One by one, 40 Mexican immigrants file off the gray Wackenhut bus, each with the tongue of their torn, dirty shoes flopping agape, beltless pants sagging. Most with their heads hung low. All looking lost and weary.

Security guards in gray uniforms hand each man a clear bag with his belongings and a snack — a packet of tuna, crackers, a juice box — for the long road that is about to unfurl in front of them.

The U.S. Border Patrol bused the men nearly 600 miles from Tucson to this tiny, isolated and impoverished Texas border community. Each day, two Wackenhut buses arrive loaded with 47 men, ages 20 to 60. The men, nonviolent immigration offenders, are shown their way out of the U.S. and back across the border to Ojinaga.

Border Patrol officials, who launched the Alien Transfer and Exit Program on Nov. 1, say the program is meant to break the smuggling cycle in the Arizona-Sonora region. In the metropolitan area of Tucson, human smugglers abound and illegal Mexican immigrants can easily blend into the population, said Victor Velazquez, assistant sector chief in Marfa. Those conditions don’t exist in the isolated Presidio-Ojinaga area, where the dangerous terrain and brutal weather make cross-border travel treacherous. And, he said, the immigrants are not staying in the area; they’re going back to their homes. 'We haven’t seen any adverse impact on our operations here locally,' Velazquez said.

But the program has caused a stir not just in these small tight-knit border communities, but even in Austin. Local officials, both Mexican and Texan, worry that destitute immigrants will stay in the poverty stricken communities where the buses stop, draining already lacking resources and potentially creating a new human smuggling industry in the quiet, mountainous region. 'We’re in financial straights anyway, and Mexico’s in worse shape,' said Presidio County Judge Jerry Agan. Gov. Rick Perry has blasted the program as a punitive shot at Texas and has called for its end. And even if those potential problems don't become reality, the program isn't breaking the human smuggling cycle, they said, because determined migrants are taking advantage of a Mexican subsidy that allows them to travel right back to the place where their journey north began.

For most of the immigrants who wind up on the bus, it's a 1,200-mile round trip subsidized by the Mexican and American governments with no evidence to show its effectiveness in the fight against illegal immigration.

Scenic tour

Border Patrol agents in dark green uniforms and mirrored sunglasses stoically stand watch as the men walk by, holding up their beltless pants and lugging their bags of belongings. The agents ensure that each one completes the short walk across the bridge and back to the country they tried to escape.

None has tried to make a dash back to the U.S. yet, said Border Patrol spokesman Bill Brooks. Since the program began, the agency has deported about 3,000 men.

Once on the other side of the bridge, safe in their home country, the men dig belts, shoelaces and jackets out of their bags and enter the Mexican immigration office at the foot of the international crossing. An official from the Mexican Consulate is there to greet the men, to let them know where they are — hundreds of miles from their homes — and what their options are. 'We’ll help you to get to your place of origin,' the official tells about a half-dozen men gathered around him.

The Mexican government gives each man a voucher to cover the price of bus transportation to his home — or wherever he chooses to go in Mexico. Each also gets a bag of nonperishable food items for the journey, which for most is at least three hours to Chihuahua City. For those who travel on to Mexico City, the trip is more than 20 hours.

Francisco Paredes, looking tired and unshaven, grabbed his bus voucher and headed outside to wait for his ride. For Paredes, the road home will take about a day and end in Sonora just across the border from where immigration officials nabbed him in Arizona.

Paredes was in Tucson for six days before Border Patrol agents caught him. He was looking for construction work to help support his family in Sonora. He is 34 and has a wife, a six-year-old daughter, a one-year-old boy and a baby on the way. 'They’re concerned about me not being at home,' Paredes said in Spanish through an interpreter.

Paredes had been in the U.S. twice before for work, and despite the hassle of being caught and bused hundreds of miles from his home, he said he planned to sneak north again, probably after the New Year. 'It’s worth it for economic stability for the family,' he said.

Sergio Contreras, who stood in line waiting for his bus voucher, was also headed back to Sonora. The 25-year-old father paid a smuggler there $7,000 to get him into the U.S., so he could find construction work to support his family — he and his wife have one child and another on the way. But he made it just a few kilometers into Arizona before he became exhausted from the long desert walk. He stopped, and Border Patrol agents grabbed him.

Work is scarce back in Agua Prieta, the Sonoran border town where Contreras lives. But he said he would to go back there and try to find work. He doesn’t plan to try to cross into the U.S. again. 'One gets very tired (on the journey north), and they grab you very quickly,' he said.

The price of repatriation

Most, if not all, of the immigrants Border Patrol brings to Presidio take advantage of travel vouchers the Mexican government provides and leave the area, said Mexican Consul Hector Raul Acosta Flores. Local officials' worries that immigrants would stay in the region and burden local resources aren’t coming to fruition — yet. But that doesn’t mean the Mexican government is happy about the program. Acosta said U.S. officials simply told Mexican officials the deportation process would begin. They weren’t consulted about how it should work and had to quickly implement procedures to deal with hundreds of immigrants each week being transplanted to Ojinaga, a poor border town of about 18,000. 'What is the need to bring them all the way to this place? It’s just to give them a trouble,' Acosta said.

For now, the Mexican government is paying up to $200 per immigrant to transport the deportees out of Ojinaga, Acosta said. Most are going back to the Sonora area near Arizona, where they came from, where they have connections with smugglers, where it’s easier to try crossing the border again. Acosta said he warns the immigrants that getting caught again could land them in an American prison.

It’s unclear, though, how long the struggling Mexican government can maintain the expense of busing hundreds of immigrants each month. And Acosta, Ojinaga Mayor Cesar Carrasco and Presidio County Judge Agan worry what the end of the subsidies could mean for the region.

With all the new traffic in the community, Acosta said he is concerned a new industry will sprout to help immigrants stranded in Ojinaga find their way back north. Already the area is a hub for drug trafficking. It could easily become a hot spot for human smuggling, he said. 'You’re going to see it if they continue with this,' Acosta said. 'The smugglers are not going to lose, I’m sure.'

Sitting in his small office inside the tattered Ojinaga city administration building, where broken tiles mark the floors and a naked fake Christmas tree decorates the mayor’s foyer, Carrasco said his town can’t support another 470 people per week. 'We live day-to-day,' he said. 'It’s a tight economy.'

Outside Carrasco’s office, just about every other business front is abandoned. Street vendors petition drivers for change in exchange for handmade goods. Dilapidated and vacant homes dot narrow streets. There is no major industry for work, none of the maquiladoras that fuel economies in many Mexican border towns. There are not enough services here to care for Ojinaga’s existing residents. Increasing the population by 10 percent per month if the deportees were to stay, Acosta said, would be untenable. 'Society is not organized to lend assistance to all these people,' he said in Spanish, through an interpreter.

Presidio — population 4,000 — is not in much better shape. The unemployment rate is about 18 percent, Agan said. Stray dogs roam dusty streets lined with mobile homes and cinder-block structures. 'There is no jobs in Presidio to be had,' he said. Alpine, with about 6,000 people, is the closest population center. It’s a three-day walk there through mountainous desert where temperatures can fluctuate from freezing to scorching. 'The ramifications that could happen out there are startling and very worrisome to me,' Agan said.

Breaking the cycle

Despite pleas from state and local officials on both sides of the border to end the program, assistant chief Velazquez said Border Patrol has no plans to stop the buses.

Velazquez said Mexican and Texan officials were informed beforehand about the program. More than a year ago, he said, Border Patrol began discussions about expanding their deportation program. Border Patrol has been busing immigrants from Tucson to San Diego for years. 'It’s not a change; it’s an addition,' Velazquez said. Local officials, he said, were given at least two months notice when the agency decided to forge ahead in Presidio.

When undocumented immigrants are caught in Arizona, he said, they are given the choice to present their case to an immigration judge, or they can sign a 'voluntary' removal document that expedites their repatriation.

If the deported immigrants stay in the Sonora area, he said, it’s easier for them to reconnect with smugglers. And when they cross back into the U.S., it’s easier for them to blend into the large city of Tucson. In the tiny communities of Presidio and Ojinaga, there is no smuggling infrastructure, and the towns are so small and isolated that strangers are quickly noticed. Last year, the Marfa sector had fewer illegal immigrant apprehensions than any other border sector, said spokesman Bill Brooks.

If smuggling organizations set up shop in the region, Velazquez said the Border Patrol is prepared to deal with it. In the last three years, the number of agents in the sector has tripled, and now 71 officers are on patrol. 'If the criminal element moves into this area, it’s easily identifiable,' Velazquez said.

Border Patrol officials won’t provide statistics that show how many of the immigrants they bus to Mexico try to cross back to the U.S. Asked whether the deported immigrants are simply getting a free bus ride back to Sonora to try to cross again, Velazquez said agency numbers indicate the program is breaking the smuggling cycle in the Sonora-Arizona region. And, he said, there have been no adverse affects in the local communities. 'It’s breaking the smuggling cycle,' he said.

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7.
Supreme Court to hear drug deportation case
The justices will consider the case of a legal immigrant in Texas ordered deported after two minor drug convictions. Some judges have ruled that two such charges constitute an 'aggravated felony.'
By David G. Savage
The Los Angeles Times, December 15, 2009


The Supreme Court said Monday it would consider whether a strict immigration law called for deporting noncitizens convicted of repeat misdemeanor drug offenses.

The case before the court involves a legal immigrant from Texas who pleaded guilty to possessing less than two ounces of marijuana and later pleaded guilty to possessing a single tablet of Xanax, an anti-anxiety medication.

Although the convictions were minor, judges in some regions have ruled that two misdemeanor convictions for drug possession can count as an 'aggravated felony,' which is grounds for deportation.

Lawyers for several immigrant rights groups appealed the case to the Supreme Court, arguing it did not make sense to say drug possession was the same as a serious offense, such as drug trafficking.

The justices voted to hear the case of Jose Angel Carachuri-Rosendo, who had lived in Texas since he was 4 and had been a lawful resident since 1993.

After Carachuri-Rosendo pleaded guilty to having the Xanax tablet, a federal immigration judge said he was due to be deported to Mexico because of his aggravated felony.

Carachuri-Rosendo appealed but lost in the U.S. 5th Circuit Court of Appeals in New Orleans, which ruled that a 'second possession offense' called for deportation of a noncitizen.

Lawyers for the Obama administration agreed the high court should hear the case to clarify what constituted an aggravated felony.

In other action, the court dismissed a suit by four British Muslims who said they were tortured and abused at the military detention facility at Guantanamo Bay, Cuba, between 2002 and 2004.

They sued former Defense Secretary Donald H. Rumsfeld, former Joint Chiefs of Staff Chairman Gen. Richard B. Myers and other top civilian and military leaders in the George W. Bush administration.

But they lost in the U.S. Court of Appeals for the District of Columbia, which ruled the officials were immune from such claims.

The appeals court judges said officials could not be sued for their actions unless they violated a clearly established law, and the legal rights of the Guantanamo detainees were not clear until the Supreme Court ruled on the issue in 2006.

Eric Lewis, a lawyer for the four British men, urged the high court to hear the case, but the appeal was turned down without comment.

'It's an awful day for the rule of law and common decency when the Supreme Court lets stand such an inhuman decision,' he said.

+++

Immigrant crimes: Who deserves deportation?
By Bob Egelko
The San Francisco Chronicle, December 15, 2009


San Francisco -- Courts on two fronts looked for boundaries Monday on an important question of federal immigration law: What crimes are so serious that they require deportation for any noncitizen who commits them?

A federal appeals court ruled in a case from Solano County that statutory rape doesn't always require deportation. The U.S. Supreme Court agreed to decide whether a legal immigrant in Texas must be deported because of a second misdemeanor conviction for drug possession.

Both cases involve a law signed by President Bill Clinton in 1996 that requires deportation of any immigrant, legal or illegal, who commits an 'aggravated felony,' a category of crimes that courts are still trying to define. It includes some drug and sex crimes that are misdemeanors - punishable by no more than a year in jail - rather than felonies.

If a noncitizen has committed such a crime, 'the judge can't take into consideration (U.S.) military service, the effect on a U.S. citizen spouse, parent or kids, or how long (the immigrant has) been here,' said Benita Jain of the Immigrant Defense Project, which filed arguments with the Supreme Court in the drug case.

Immigrants convicted of other crimes can be also be deported if a judge decides they are dangerous and do not qualify for exemptions based on such factors as family hardships.

The Solano County case involves Luis Pelayo-Garcia, 42, of Vacaville, who entered the United States illegally from Mexico in 1985 at age 17. He was on the verge of gaining legal residency in 1998 when officials learned that he had recently been convicted of statutory rape.

According to his lawyer, Gloria Martinez-Senftner, Pelayo was working at a restaurant and raising three young children after his wife left him, and took a co-worker into his home along with her husband and daughter.

At age 29, he became involved with the daughter and intended to marry her, believing she was 18, his lawyer said. But when the girl became pregnant, hospital employees learned she was only 15 and called police.

Immigration judges said Pelayo's crime was an aggravated felony and ordered him deported, but they were overruled Monday by the Ninth U.S. Circuit Court of Appeals in San Francisco.

The federal law defines 'sexual abuse of a minor' as an aggravated felony. But California's statutory rape law, prohibiting anyone older than 21 from having sex with a person under 16, does not require proof of physical or psychological abuse for conviction, the court said in a 3-0 ruling.

The Supreme Court case involves Jose Carachuri-Rosendo, who entered the United States with his family as a child and has been a legal resident since 1993. He pleaded guilty in Texas to misdemeanor marijuana possession in 2004 and pleaded no contest a year later to misdemeanor possession of the anti-anxiety drug Xanax without a prescription.

A federal appeals court ordered Carachuri deported, citing a federal law that allows any repeat drug offender to be prosecuted as a recidivist, which is defined as an aggravated felony even if the crimes were misdemeanors.

Carachuri, who was not charged as a recidivist in Texas, appealed to the Supreme Court, which agreed to decide his case by June.

The case is Carachuri-Rosendo vs. Holder, 09-60.

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Supreme Court to decide whether minor drug crimes can lead to immigrants' deportation
The Associated Press, December 14, 2009


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8.
Colorado court rules search of tax preparer's office was illegal
The state Supreme Court decides that evidence of identity theft by illegal immigrants was improperly obtained.
By Nicholas Riccardi
The Los Angeles, December 15, 2009


Denver -- The Colorado Supreme Court ruled Monday that a prosecutor improperly searched thousands of files in a tax preparer's office while looking for illegal immigrants who had committed identity theft.

In a 4-3 decision, the court termed the search a violation of privacy and upheld a lower court's order to throw out evidence against a defendant who had sued.

'A taxpayer has a reasonable expectation of privacy in his or her tax returns and return information, even when that information is in the custody of a tax preparer,' Justice Michael L. Bender wrote in the court's opinion.

Last year, the Weld County district attorney's office had served a search warrant on Amalia's Translation and Tax Services in Greeley, about 60 miles northeast of Denver. Investigators combed through 5,000 files, looking for instances where illegal immigrants had used Social Security numbers that didn't belong to them.

Immigrants' rights and privacy advocates challenged the searches as intrusive, and lower courts agreed. But before the searches were thrown out, about 30 illegal immigrants pleaded guilty to identity theft and were turned over for deportation.

Mark Silverstein, an attorney for the ACLU of Colorado, which challenged the searches, said, 'It's a good day for the right of privacy in Colorado.'

Weld County Dist. Atty. Ken Buck lamented that some people his office was investigating remained free. 'We have 1,338 U.S. citizens whose identities were stolen and will continue to be used throughout the country,' he said.

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Colo. court upholds tax privacy for illegals
By Valerie Richardson
The Washington Times, December 15, 2009


Colorado Supreme Court rules that immigrants' tax records are private, were illegally searched
By Ivan Moreno
The Associated Press, December 14, 2009


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9.
Immigrant group's report says Asians, Latinos, immigrants vital to Nebraska economic recovery
By Jean Ortiz
The Associated Press, December 14, 2009


Omaha, NE (AP) -- Asians and Latinos in Nebraska had a buying power of nearly $3.8 billion in 2008 and data continue to show immigrants are among those making significant contributions to the state's economy, according to a report issued Monday by a national immigration policy group.

Nebraska's foreign-born population, which contributes as workers, employers and taxpayers, will therefore play an integral role in helping the state recover from tough economic times, says the report by the Washington-based Immigration Policy Center.

A Nebraska Department of Economic Development spokeswoman said she would review the report, but couldn't immediately comment Monday.

The report that uses data from the U.S. Census Bureau and other research groups, including the Selig Center for Economic Growth at the University of Georgia, is the latest in the policy center's state-by-state look at the economic and political power of immigrants and their children.

Findings can be considered by states as officials examine related legislation, said center spokeswoman Wendy Sefsaf.

The report doesn't differentiate between legal and illegal immigrants because of a lack of available data.

'That's what's so problematic about the undocumented population is that they're clandestine and they're very, very hard to track,' Sefsaf said.

Latinos made up 7.5 percent of the state's population in 2007. Asians made up 1.4 percent.

Asians and Latinos in California wield the most purchasing power among all states — $412 billion, according to the Selig Center's analysis.

In 2007, Nebraska was home to more than 98,500 immigrants, or 5.6 percent of the state's population. More than 36,000 were naturalized citizens, meaning they were eligible to vote, according to the report.

Foreign-born workers accounted for 6.5 percent of the state's work force.

The report referenced research unveiled last year from the University of Nebraska at Omaha's Office of Latino/Latin American Studies. It found that in 2006, immigrant spending amounted to $1.6 billion and created about 12,000 jobs statewide.

Attention recently has been paid in Nebraska to public costs incurred because of illegal immigrants. Earlier this year, Gov. Dave Heineman signed into law a measure aimed at preventing illegal immigrants from collecting public benefits like food stamps, unemployment and welfare.

Some state senators had questioned whether the bill was needed when a federal law already prohibits illegal immigrants from receiving most state benefits.

Although lawmakers were unable to provide comprehensive data detailing costs incurred by the state, Labor Department officials cited a savings of more than $322,000 in 2008 gained through verifying the legal status of people receiving unemployment insurance benefits.

The policy group's report doesn't examine costs, although Sefsaf acknowledged there are some.

'There's a lot of people out there documenting the fiscal costs of every service (immigrants) potentially use, but they never counterbalance that with the economic benefits,' she said.

EDITOR’S NOTE: The IPC report is available online at:

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Study charts immigrants' role in Hudson Valley economy
By Leah Rae
The Journal News (White Plains, NY), December 15, 2009


Immigrants in the Hudson Valley make up 13 percent of the population but generate 16 percent of the economic output, says a new report from the Fiscal Policy Institute.

Census data from 2005-07 show that economic growth and immigration levels go hand in hand, said David Dyssegaard Kallick, director of the institute's Immigration Research Initiative.

'Where there was economic growth, there was growth in the immigrant share of the labor force,' he said.

On the flip side, the institute has found, areas of slow economic growth like Pittsburgh, Cincinnati and Cleveland had little growth in the immigrant share of the working population.

The newest study covered 15 counties in the region, from Westchester County to Warren County, north of Albany. Westchester accounts for almost a third of the region's total population, and more than half its immigrants.

Incomes and business revenue were used to calculate the immigrant share of economic growth. The study does not distinguish between illegal immigrants, legal residents or naturalized citizens.

Kallick said the findings run counter to assumptions that immigrants mostly work in very low-wage jobs, and show they demonstrate their presence in many different sectors. The economic data preceded the recession, but Kallick said the proportions would be unlikely to have shifted since then.

Immigrants are far more likely than American-born workers to be in farming and personal services, where foreign-born people hold a third of the jobs. But they are also slightly overrepresented in professional specialties like engineering, medicine and law.

One explanation for immigrants' outsize role in the economy: They are more likely than native-born Americans to be of working age.

'I think we ought to be careful as we get into immigration policy issues, at either the local or the national level, to make sure that we recognize the degree of contribution,' Kallick said.

The contentious issue of immigration reform is likely to resurface Tuesday with the introduction of a bill by Rep. Luis Gutierrez, D-Ill., aimed at legalizing some undocumented immigrants.

Kallick sees potential for further growth with a legalization measure. 'You would raise the level of economic contribution of undocumented immigrants if you made it possible for them to have legal status,' he said.

The institute received funding from the Carnegie Corporation of New York and the Hagedorn Foundation.

For a similar study on 25 metropolitan areas, it received additional funding from the Service Employees International Union, Local 32BJ.

EDITOR’S NOTE: The FPI report is available online at:

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10.
Montgomery backs immigration policy over police concerns
By Alan Suderman
The Washington Examiner (DC), December 15, 2009


The Montgomery County attorney is backing a policy that police report illegal immigrants to the federal government only if they are arrested for violent or handgun-related crimes, dismissing complaints from the police union that the policy is unconstitutional and hinders their work.

The Fraternal Order of Police union's attorney had sent a letter to Leon Rodriquez charging that county policy, which also requires officers to first get approval from the department before assisting federal immigration authorities, is dangerous to police officers and the community.

Union attorney Paul Stein said federal law prohibited the county from 'restricting communication' from its officers to federal authorities 'regarding immigration status of any individual.'

Rodriguez's subordinate, Associate County Attorney William Snoddy, responded with a terse letter writing off the FOP's concerns.

'After reviewing your letter, the relevant statutes, and case law, I do not share your conclusions,' Snoddy said, without elaborating.

Union past President Walt Bader said the county's response was 'lacking in legal basis' and said the union would consider its next step over several weeks. Stein previously told The Examiner that the union wanted to avoid a legal showdown, but if there were issues that couldn't be resolved, then 'a court might have to resolve it.'

After a string of high-profile violent crimes committed by illegal immigrants, the county in February instructed officers to contact immigration officials after arresting someone for a violent or handgun-related crime.

In September, the police department sent a memo telling officers not to turn over illegal immigrants to federal immigration agents based on gang affiliation.

That memo came after an illegal immigrant named Milton Leonel Guerra Leon, who said he is a former gang member, said police beat him and turned him over to federal authorities to be deported in retaliation for filing a police complaint.

The immigration-rights group Identity, which has advocated Leon's case, condemned the FOP's opposition to the county's policy.

Executive Director Candace Kattar said the union is creating an 'increasingly divisive, harmful and potentially dangerous situation' by threatening a lawsuit, and asked the County Council whether they 'intend to send any public message' to the union and Hispanic community.

The FOP responded with a letter to Kattar, saying it has never threatened a lawsuit and defending its right to communicate its 'legitimate concerns' to government officials.

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11.
Cities unsure on legal status check lawsuit
By Sonu Munshi
The East Valley Tribune (Phoenix), December 14, 2009


The League of Arizona Cities and Towns has deferred a decision on whether to appeal a new law in effect since last month on checking legal status of residents seeking public benefits. Under the law, an employee or supervisor could be charged with a criminal misdemeanor if they knowingly do not report illegal residents seeking these benefits.

Ken Strobeck, executive director of the League of Arizona Cities and Towns, said Monday the group's executive committee decided to defer a final decision for 30 days on whether to file suit.

'There's no decision to move forward or not because there was no specific agreement,' Strobeck said.

Earlier, the league had filed suit in the state Supreme Court, but the court rejected it on grounds that it was not the proper venue to discuss the merits of the case.

So the league is still reviewing whether to file, and if so, in the Court of Appeals or the Superior Court.

The league contends that the manner in which this and another provision related to impact fees was inserted into a bill, which concerned balancing the state budget, was unconstitutional.

The provision related to legal status check would also allow Arizona residents to file a lawsuit against the city, county or state, if they believed illegal residents were getting public benefits.

Strobeck and East Valley municipality leaders have maintained that the law is too vague in scope and on what counts as public benefits and could expose them to frivolous lawsuits.

Meanwhile, the Arizona Attorney General's Office is looking into the matter, upon a request from the Arizona Department of Administration received Nov. 20, seeking an opinion on the scope of the law.

When that interpretation is given is not known at this point.

'We are working to complete the opinion as quickly as possible, however at this time I cannot speculate on when the matter will be finished,' attorney general spokeswoman Anne Hilby told the Tribune via e-mail Monday.

Back in 2004, Attorney General Terry Goddard had limited a similar provision's benefits to some welfare programs.

Backers of the new law, including Rep. John Kavanagh, R-Fountain Hills, say they want to ensure anyone in the country illegally is not getting government benefits. Kavanagh had earlier told the Tribune he sees no reason why cities should have an issue with the law, because the system is in place to do such checks already.

For now, the league has sent a general compliance checklist to member cities and towns on what counts as a valid ID, such as a state driver's license, a U.S. passport or a naturalization certificate. It also advises employees who discover a violation of federal immigration law to report the violation to Immigration and Customs Enforcement.

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12.
New court in Lumpkin for immigrant detainees
By Andria Simmons
The Atlanta Journal-Constitution, December 15, 2009


A new court set to open in January will tackle the growing number of detainees housed at the state’s immigration detention center.

Two new judges and four staff members will be based at the Stewart Detention Center in Lumpkin, a rural community about 150 miles south of Atlanta. The judges determine whether foreign-born individuals accused of violating immigration law should be deported or allowed to remain in the country.

Previously, Stewart detainees have appeared before immigration judges in Atlanta by video linkup. Their paperwork was shuffled back and forth by courier.

The average daily population at Stewart Detention Center rose from 10,239 to more than 15,000 between 2007 and 2009. The lockup is the only Immigration and Customs Enforcement detention center in Georgia and is operated by Corrections Corp. of America, a private Nashville-based company.

Immigration courts nationwide are straining under a backlog of cases and staffing shortages. A typical immigration judge has a caseload of about 1,200. A federal district judge’s typical caseload is about 400, said Judge Dana Leigh Marks, president of the National Association of Immigration Judges. Marks, who presides over San Francisco’s immigration court, welcomed the addition of two new judges.

Immigration judges suffer 'compassion fatigue' as their caseload mounts, and are susceptible to becoming hardened to the problems of people appearing in their court, Marks said.

Part of the heavy load for immigration judges comes from local-federal partnerships that train jailers to identify illegal immigrants and hand them over to federal immigration officers for possible deportation. Those partnerships, known as 287(g) for the section of law that governs them, accounted for about 12 percent of people in the custody of ICE in 2009, according to an October report on immigration detention by the Department of Homeland Security.

Four Georgia counties have formed 287(g) partnerships since 2007: Cobb, Hall, Whitfield and Gwinnett.

The increase in immigration enforcement programs like 287(g) has poured thousands more detainees into a system that is already overwhelmed. Stewart Detention Center also houses detainees who are transferred here from other states.

Detainees are increasingly being shuffled between ICE detention centers because of a lack of bed space. In the past 12 months, 1,669 people were transferred from the Stewart Detention Center to another lockup.

A report last month by the Office of Inspector General for the DHS was critical of the practice of transferring detainees. The report found that transfers make it more difficult for detainees to meet with their lawyers, locate witnesses that could help their case and arrange family visits.

Brittney Nystrom, a senior legal adviser for National Immigration Forum, hailed the opening of the new court as a positive development. She said comprehensive immigration reform is still needed.

'You can’t just have better immigration courts and hope that solves the problem,' Nystrom said. 'You’re going to continue to have more and more people feeding into the system.'

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13.
La Posada at border fence
Hike shines a light on immigrants’ plight
By J. Harry Jones
The San Diego Union Tribune, December 14, 2009


Imperial Beach, CA -- Faith groups from the United States and Mexico gathered yesterday afternoon at Border Field State Park in what was both a religious celebration and a political statement.

The 16th annual La Posada Sin Fronteras was a re-enactment of the biblical story of Mary and Joseph, who were forced to seek shelter after the birth of Christ and were eventually welcomed into a stranger’s home. Participants from both countries compared the biblical tale to the struggle migrants face trying to enter the United States.

One of the messages of the story, the idea of welcoming strangers — and immigrants — is under attack in our times, making the binational celebration even more significant, organizers said. Today, families on both sides of the border are separated by immigration policy and can no longer meet, even at the border fence, organizers said.

This was the first time the celebration was held since a second border fence was constructed earlier this year. The participants were not allowed to touch or exchange gifts with those who had gathered in Mexico for the celebration.

About 150 people, including many members of the media, gathered on the Mexico side of the fence, while on the U.S. side about half that number were present.

U.S. Border Patrol agents allowed 25 people at a time to go through the first fence to the Friendship Monument, which is situated to the north of the Tijuana bullfighting ring and a lighthouse. The remainder were forced to stay back behind the second fence, roughly 100 feet away.

'I want to remind you that while there are few people here, there are many watching and praying,' said Tijuana’s Roman Catholic Archbishop Rafael Romo Mu�oz, speaking from Mexico. 'Many are praying for friendship and solidarity between our two countries.'

Veterans of earlier celebrations remembered how people would share tacos, hold hands and exchange trinkets through the fence.

'This is a sad occasion on this beautiful winter day,' said Christian Ramirez of the American Friends Service Committee from the U.S. side. 'We friends are not allowed to touch each other or exchange food and candy as in the past. This is ridiculous. This is the promise of change we heard a year ago?'

Along the outer fence, dozens of luminarias were set up and lighted at dusk. Each bag, containing a lighted candle, represented a migrant killed while trying to cross the border. Many of the dead were young, and most were identified only as 'unknown male.'

One of the organizers of the first Posada Without Borders in 1993 was Roberto Martinez, the migrant activist who died earlier this year. Ramirez said Martinez is 'greatly missed' and was undoubtedly looking down on all yesterday afternoon.

Those on the U.S. side had to hike through mud and then on the beach for about two miles because the main road to the friendship monument was flooded. Few seemed to mind the inconvenience.

During the gathering, Christmas carols were sung in both English and Spanish. Although Americans were not allowed to give anything to the Mexicans, at one point bundles of candy came flying over the fence from the Mexico side.

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14.
Jury: Costa Mesa did not violate Latino activist's rights
By Ellyn Pak
The Orange County Register (Santa Ana, CA), December 14, 2009


Santa Ana, CA -- A federal jury determined today that the city of Costa Mesa and Mayor Allan Mansoor did not violate an immigration advocate's right to free speech when he was ejected from a 2006 council meeting.

The verdict, which came after about an hour of deliberations, concludes Benito Acosta's federal trial against the city and Mansoor. Acosta alleged that his first amendment rights were violated when he was cut off abruptly from speaking during a contentious January 2006 meeting.

'The result was to be expected,' said Dan Spradlin, Mansoor's attorney. 'This wasn't a case about first amendment rights so much as it was about someone being able to disrupt a council meeting. I think the jury made the right call. We're very pleased with the result.'

Acosta, a Latino activist who goes by the name Coyotl Tezcatlipoca, was backed by the Southern California branch of the American Civil Liberties Union.

'We're disappointed with the jury's verdict, but we are happy to have had our day in court,' said Belinda Escobosa Helzer, one of Acosta's ACLU attorneys.

Acosta was an Orange Coast College student when he spoke at the council meeting against a proposal to allow Costa Mesa police to enforce federal immigration policies. He was among nearly two dozen speakers on the issue, which had thrust the city into the limelight.

Acosta was arrested at the council meeting on suspicion of disturbing an assembly, interfering with the meeting and resisting police officers.

In 2005, city leaders also voted to shutter a city-sponsored job center, which citizens argued attracted illegal immigrants and wasted taxpayers' money. The center opened in 1988 in response to complaints about loitering, traffic problems and unsafe conditions when day laborers – mostly Latino – searched for work on streets and at parks.

During the trial, which began Dec. 2, Acosta's attorneys alleged that Mansoor allowed Jim Gilchrist, co-founder of the Minutemen, to speak over his allotted three minutes during public comments. Acosta's comments, however, were cut off by the mayor after the activist urged audience members to stand up.

Mansoor testified that he was just trying to keep the meeting safe and orderly.

Attorneys argued that Acosta suffered physical injuries, emotional trauma and public humiliation as a result of being removed from the council chambers by police officers.

Two years ago, the city's criminal case against Acosta, now a UC Irvine student, was dismissed because the city's prosecutor was not sworn in when the case was filed.

'We still believe in the principle of free speech rights and the right of residents of Costa Mesa and other cities across Orange County to openly criticize their city officials,' Helzer said.

Acosta's attorneys will review the trial proceedings and determine if there are any grounds for appeal, Helzer said. Acosta wants to now focus on his final exams, she said.

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15.
Minutemen open new front against lawyers
By Mark Walker
The North County Times (Escondido, CA), December 14, 2009


The San Diego Minutemen are at war again, this time with the attorneys who represented them in a successful signage battle with the California Department of Transportation.

The anti-illegal immigration group filed a complaint Nov. 30 with the Carlsbad Police Department contending the firm of Kaloogian and Fuselier won't hand over nearly $100,000 the Minutemen won from the state in a fight over an Adopt-a-Highway cleanup sign.

Minutemen founder Jeff Schwilk said Monday the group was supposed to receive $97,000 from the $157,500 it won from Caltrans after a judge ruled the state agency acted improperly when it refused to permit the Minutemen's name on the sign near the U.S. Border Patrol checkpoint on Interstate 5 in North County. The remainder was supposed to satisfy attorneys fees.

'They think that because some other money is owed in a personal case of mine that they can just take this money,' Schwilk said. 'We want them to pay the money.'

The personal case was a reference to an unrelated defamation suit Schwilk recently lost to a woman named Joanne Yoon. He was ordered to pay her $135,000 in that matter. A judge ruled the woman cannot recover any of that money from the state settlement.

Repeated attempts to reach Howard Kaloogian, a conservative former state Assemblyman from San Marcos, or partner Robert Fuselier were unsuccessful. Numerous messages seeking comment were not returned.

Schwilk went public with the dispute Monday, issuing a news release saying the Minutemen had filed criminal charges against the Carlsbad law firm.

The complaint filed with Carlsbad Police was investigated, but the dispute is not considered a criminal matter, said Investigations Commander Kelly Cain.

'Our detective made a couple of calls and learned the attorneys have put the check into escrow and that litigation is pending,' Cain said. 'We consider it a civil matter.'

The Minutemen won the $157,500 settlement after arguing its constitutional rights were violated when the state took down the Adopt-a-Highway cleanup sign near the San Onofre immigration checkpoint two years ago.

When they made that move, state officials said they feared confrontations and offered to move the Minutemen sponsorship to a site near Santee.

The Minutemen said Caltrans was bowing to political pressure because the state Latino Legislative Caucus and immigrants-rights activists had urged that the permit be revoked.

When the case was settled during talks mediated by a federal judge three months ago, Caltrans agreed to pay up, apologize and get the activist group two signs advertising its volunteer trash pickup efforts.

Schwilk said numerous attempts to resolve the matter with Kaloogian and Fuselier have been unsuccessful. In addition to holding onto the entire settlement, he said the attorneys were paid $45,000 to represent the Minutemen against the state.

A copy of the settlement check sent to the newspaper shows it was made out to the Minutemen and the attorneys. Without the money, Schwilk said his nonprofit group is deprived of funds to 'fight for secure borders, safer communities and to help elect strong border security candidates.'

If the matter cannot be resolved, Schwilk said the Minutemen may file a civil suit.

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16.
Soldiers sworn in as U.S. citizens
By Alfonso Chardy
The Miami Herald, December 14, 2009


Fabian Prado was seven when he, his eight-year-old brother and their mother crossed the U.S-Mexico border without papers in 1987 -- among the first Cuban refugees to flee to the United States via Mexico.

On Monday, Prado was one of 19 foreign-born soldiers -- seven from Cuba -- who became U.S. citizens during a special ceremony in Kendall before they deploy overseas.

The ceremony comes on the eve of when the Congress is set to introduce the latest bill to legalize millions of undocumented immigrants who have been unable to obtain immigration status after illegally crossing the border or overstaying a visa.

On Tuesday, Rep. Luis Gutierrez, D-Ill., is planning to file the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009, a bill that may be embraced by the White House when President Obama is ready to pitch immigration reform.

Congress has debated immigration reform for years, but all bills have failed in the face of fierce opposition from conservative and anti-immigrant forces who decry any effort to legalize undocumented immigrants.

While none of the soldiers interviewed after the naturalization ceremony needed immigration reform to gain legal status, many other immigrant solders are married to undocumented spouses who could face deportation if discovered.

Sen. Robert Menendez, D-N.J., last month joined other senators in sponsoring the Military Families Act bill that would allow immediate family members of active-duty soldiers to become permanent residents.

Immigrant soldiers receive expedited naturalization. A recent report from the Immigration Policy Center said that as of June 30 there were 114,601 foreign-born individuals serving in the U.S. armed forces or about 7.91 percent of the 1.4 million military personnel on active duty.

And between Oct. 1, 2008 and Sept. 30, 2009, 10,505 immigrant soldiers became citizens, the report said.

``Without the contributions of immigrants, the military could not meet its recruiting goals and could not fill its need for foreign-language translators, interpreters and cultural experts,'' the report said.

Prado, 29, is one of the latest immigrant soldiers to become a citizen -- among the 19 immigrants from 12 countries who swore allegiance to the United States at the special ceremony at the Kendall field office of U.S. Citizenship and Immigration Services.

He remembers sneaking into the United States like millions of undocumented immigrants at the Texas-Mexico border in 1987, with his mother and his brother who was then a year older. The Mexican border is now the most popular entry point for Cuban refugees, but in the 1980s only a few trickled in.

``We fled Cuba by plane to Panama and from there by plane to Mexico City where we took a bus to a place near the Texas border which we reached walking,'' Prado recalled. ``We walked across and no one stopped us, then we caught a plane to Miami.''

Here the family obtained green cards under the Cuban Adjustment Act.

The majority of the soldiers who became citizens Monday came from Latin American countries including Cuba, Dominican Republic, Ecuador, Mexico, Nicaragua and Venezuela. The rest came from Brazil, Bahamas, Guyana, Haiti, Jamaica and Trinidad and Tobago.

Odson Pierre, 29, was one of two Haitians who became citizens. He arrived from Haiti when he was 13 and grew up in Miami, attending Miami Edison Senior High School. He joined the military more than a year ago and wants to make a career out of the armed forces.

Asked if he was nervous about his coming deployment, Odson replied matter-of-factly: ``It comes with the job.''

Evaldo Marcos Dos Santos was the only Brazilian at the ceremony. He was eight years old when he arrived and grew up in Miami. He joined the army about three years ago and is anxiously awaiting his first overseas duty.

``I'm looking forward to coming back,'' he said.

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17.
Ambassador of 2 cultures
Mexican immigrant, 22, lauded for defusing tension in Frankfort
By Will Higgins
The Indianapolis Star, December 15, 2009


Esmeralda Cruz was just 8 when she and her family moved from Mexico to Frankfort, in Clinton County.

'I had an uncle here, and then my dad got a job, so we came, too,' she said.

Cruz spoke no English upon her arrival and so spent her first year of school listening and watching, saying very little.

But she picked up the language -- and the culture -- quickly and a few years later, as Frankfort's Hispanic population grew exponentially and trouble brewed between the new arrivals and longtime locals, Cruz was playing a key role in defusing discord and building understanding between the groups.

'She has been a very good go-between,' said Reta Williams, who taught Cruz in elementary school and has remained her friend and mentor.

Cruz is one of a dozen Hoosiers who later today will receive the Governor's Award for Tomorrow's Leaders, a recognition given jointly by Gov. Mitch Daniels and the Indiana Humanities Council. The award, in its seventh year, comes with a $1,000 cash prize for each recipient, to be used for education or donated to charity. Vectren Corp. provided the money.

Award recipients come from across Indiana, and four are from Indianapolis. At 22, Cruz is the youngest.

Frankfort, a factory town about midway between Indianapolis and Lafayette, was overwhelmingly white for generations. In 1990, fewer than 500 Hispanics lived in the entire county. Four years later, when Cruz arrived, migration from Mexico was still just a trickle.

By the millennium, however, the Hispanic population had jumped five-fold, and by 2008, 10-fold.

There was friction. Frankfort, the county seat, had street gangs. 'It was a problem,' said Randy Emery, deputy chief of the Frankfort Police Department, which had just one Hispanic on its 28-member force, until he quit. 'Hispanic people didn't trust the police. But I think now they do.'

Some of the credit goes to Cruz, who in 2007 organized a Mexican Cultural Exposure event as part of the Clinton County Fair. Hundreds of Anglos and Hispanics attended, listening to music, dancing and eating Hispanic foods. 'It was a positive thing,' Emery said.

At her high school, Cruz arranged for Latino musicians and dancers to perform -- 'such beautiful dancers,' said Williams, 'and I recall them being very well-received by the Hispanic community and the English-speaking community as well.'

Cruz now is a senior at Purdue University, majoring in political science and psychology, and is on the Dean's List. She still lives at home, commuting 45 minutes to class in a '97 Chevy Cavalier.

'I like Purdue,' she said, 'but I felt I could do something more worthwhile in Frankfort.'

She works at an adult learning center, helping people -- most of them Hispanic -- enroll in English or citizenship classes.

Cruz will graduate in May and is weighing her options: She'll either go to law school at Indiana University, or stay at Purdue and get a master's degree in community leadership development.

There was a time Cruz looked forward to adulthood so she could move back to Mexico. She and her parents and siblings are driving there next week to spend Christmas with family.

But she has come to think of Indiana as home and hopes to live here, either in Indianapolis or Frankfort.

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18.
With Fewer U.S. Opportunities, Home Looks Appealing to Expats
More Foreign-Born Professionals Are Finding Better Jobs, Lower Unemployment Abroad; 'I've Had Headhunters Calling'
By Dana Mattioli
The Wall Street Journal, December 14, 2009


With unemployment at 10% and prospects for finding work bleak, foreign-born professionals who came to the United States in search of better job opportunities and prosperity are now retreating.

Foreign-based companies, particularly in Asia, are using the employment picture in the U.S. as a means to lure former residents home. This comes as a welcome respite for professionals who've experienced layoffs, underemployment and visa issues.

Vivek Wadhwa, a senior research associate at Harvard Law School who has studied these trends, says frustrations about the lack of advancement in the U.S., where salary and promotion freezes have become the norm, are a significant factor in foreign-born professionals' heading home.

HSBC Bank International's 2009 Expat Explorer survey found that 23% of U.S.-based expats are considering returning home, compared with 15% elsewhere in the world. The most frequently cited reason was increasingly limited career prospects, according to the survey of more than 3,100 expats, defined as anyone over 18 living outside their country of origin.

Better Opportunities

Many of these workers have become dissatisfied with their compensation or advancement opportunities in the U.S. and perceive better opportunities back home or in other parts of the world.

Regina McAnally, a native of Frankfurt, moved to the U.S. in 1985 but found herself back in Germany in 2007 after the company she worked for as an accountant faced difficulties and her opportunities for advancement became slim.

Ms. McAnally, who never visited her home country during her 22 years in the U.S., now works as a financial analyst with an automotive company in Cologne. She uprooted her son, then 15, to Germany as well.

Ms. McAnally says in the U.S., she was unable to find a job despite numerous applications. Not so in Germany. 'Since I've been here I've had headhunters calling me at work trying to hire me away,' she says, adding that her new employer paid for her overseas move.

Michael Burda, a professor of economics at the Humboldt University of Berlin, says while unemployment is at 7.6% in the country overall, the majority of the unemployed are unskilled.

'I keep telling my friends in the States you need to look for a job here; there's no job shortage if you have a college degree,' says Ms. McAnally.

Margaret Morand moved to New York from Australia seven years ago and worked for cosmetics company L'Oreal S.A. in its New York offices. Three years ago she left the company to freelance as a color specialist and handled responsibilities like writing color manuals, working photo shoots and marketing brands. In late 2007, however, work began to slow and by April, securing jobs became much more difficult.

Ms. Morand began applying for full-time positions locally and in Florida and Los Angeles, where she had business connections, but to no avail. In August she returned to Australia. She says she'll miss the energy of New York, the seasons and Central Park. 'It's just sad,' she says from her parents' home in Melbourne.

Still, with the unemployment rate at 5.7% in Australia, Ms. Morand considers the career opportunities in her home country better. 'Certainly compared to New York [the outlook] doesn't appear to be as critical,' she says.

Visa Issues

Beyond the opportunity gap, Mr. Wadhwa says employees with H-1B visas—permits issued to skilled workers from other countries allowing them to work in the U.S.—could be treated unfairly by management. 'The employer isn't worried about you leaving them, because it's hard to get H-1B jobs. So they give you lower salary increases and inferior work,' says Mr. Wadhwa. 'They don't perceive you as a threat to leave.'

Displaced workers with H-1B work visas find themselves with no options other than returning home, says Michael Wildes, managing partner of Wildes & Weinberg PC, a New York-based immigration-law firm. Mr. Wildes says there is no official grace period after a worker with an H-1B visa is laid off, so there's pressure to find a new job immediately, a daunting task in today's hiring climate. The only legal option for these displaced workers is a plane ticket home or a change to visitor status—often limited to a six-month stay—he says.

Many home countries have made significant economic strides in the past decade, making them more appealing to expats living in the U.S.

'When people came here a decade ago from India and China, they left behind a land where the opportunities aren't nearly what they are today,' says Mr. Wadhwa. He expects more than 100,000 expats to return to India in the next five years and says human-resource directors in India and China he has surveyed have noticed a tenfold increase in the number of r�sum�s from the U.S.

And recruiters say in most cases, salaries will be equivalent to or better than what the employees were making in the U.S., although adjusted to the living costs in the new country.

Interest in Asia

Contact Singapore, an alliance of Singapore's Economic Development Board and Ministry of Manpower that works to attract global talent to work in Singapore, is one group that has noticed more interest in opportunities from Singaporeans working in America.

Siew Kiang Ng, executive director of the alliance, says New Yorkers in particular are very interested in opportunities back home. 'They are finding it difficult to secure a job, and there were many senior talent laid off,' she says.

She says that industries such as financial services, research and health care are still thriving on the island nation, where the overall unemployment rate is just 3.4%.

Hui Sin Teo, 25, accepted a position with the Singapore Ministry of Finance in July after graduating from Harvard. Ms. Teo applied for positions in the U.S. and originally planned to work in the U.S. for a while before returning home. But the bad economy accelerated her return.

Anthony Lim Weng Kin, Americas president of the Government of Singapore Investment Corp., a global investment-management company that participates in Contact Singapore recruiting events, has seen a 20% uptick in applications for its young-professionals program. The program is a yearlong 'boot camp' for recruits, after which they are placed within different departments of the firm. He says this year, many applicants are new graduates from New York and the United Kingdom.

'In the past, Singaporean graduates would want to work in the U.S. for a number of years before going back. What's happened in the last 18 to 24 months has accentuated the attractiveness of Asia,' he says.

Recruiting Returnees

What's more, foreign-based companies and U.S. companies with divisions abroad are actively looking to attract displaced talent in the U.S. Eileen Finn, a New York-based executive recruiter, is currently working on a search for a chief financial officer to be based in India. The global financial-services firm that employed her specifically requested an Indian national working in the U.S., the U.K. or other areas with high unemployment.

Ms. Finn says part of what makes these expats attractive to employers is that they have Western experience, the are more willing to return than in times of economic prosperity, they assimilate well into the culture, and they don't necessarily expect the generous expat packages—relocation costs, travel and other perks—that a U.S. citizen would.

Charley Polachi, co-founder of Polachi Access Executive Search in Framingham, Mass., currently is vying for a job to fill several expat spots for a West Coast venture capital firm with operations in India and China.

He says the firm is specifically looking for Indian and Chinese nationals in the U.S. because they have Western skill sets and the cultural, social and language skills necessary to succeed abroad.

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19.
Feds: Pa. firm gamed visa program, stockpiling work visas for landscaping, construction jobs
By Mary Claire Dale
The Associated Press, December 14, 2009


Philadelphia (AP) -- A Pennsylvania staffing company gamed the nation's visa program by obtaining hundreds of work visas under names culled from a Mexican phonebook and supplying the paperwork to illegal immigrants placed in landscaping and other seasonal jobs, authorities said Monday.

'They were almost like a shadow government, because they procured all these visas, and they were the ones able to control who's getting them,' Assistant U.S. Attorney Kevin R. Brenner told The Associated Press.

International Personnel Resources Inc. had dozens of clients, many of them landscapers, builders and golf courses in the mid-Atlantic.

In some cases, undocumented workers were sent home and given stockpiled visas to re-enter the country and return to their jobs, authorities said. International Personnel Resources would coach them to tell immigration officials they had never been in the country illegally, according to the 11-count federal information.

The workers came from Mexico and Central and South America. International Personnel kept a Mexican phonebook at its office in West Chester, about 30 miles from Philadelphia, and used it to choose names for visa applications, prosecutors said. It accumulated hundreds of the visas for arriving workers from 2003 to 2008, the government said.

H-2B visas are designed for companies that cannot find Americans willing to work as temporary seasonal laborers. Given the nation's cap on H-2B visas, the scheme left fewer available for companies trying to bring in workers lawfully, prosecutors said.

The defendants are owner and President Michael T. Glah, 48, of West Chester; Vice President Theresa M. Klish, 50, of West Chester; and office managers Emily V. Ford, 29, of West Chester, and Mary H. Gillin, 60, of Downingtown.

Glah had been discussing the case with prosecutors for more than a year and knew the charges were imminent, defense lawyer Robert J. Donatoni said. He noted that the filing of an information suggests a likely guilty plea, but otherwise declined to comment.

The other lawyers did not immediately return phone messages. The company's phone has been disconnected.

Prosecutors believe that at least some of the client companies were aware of the scheme. None has been charged, but the investigation was continuing, Brenner said.

The government is seeking to have the company forfeit $1 million.

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20.
Judge halts deportation of Coral Springs activist, for now
23-year-old FSU grad came with her family from Colombia in 2001
By Alexia Campbell
The South Florida Sun Sentinel (Fort Lauderdale), December 15, 2009


An immigration judge temporarily stopped the deportation of a Florida State University graduate and political activist from Coral Springs.

Andrea Huerfano, 23, was released from detention Monday after spending a week at the Broward Transitional Center in Pompano Beach, said her attorney, Ivania Jimenez.

Huerfano, who was born in Colombia, can stay in the United States with her mother and two brothers six more months while Jimenez finds a way to keep her here.

'Thankfully, the family will be together a little while longer,' Jimenez said.

Huerfano was detained Dec. 8 when she went to pay a traffic ticket in court.

Since then, hundreds of activists and supporters have taken action.

More than 700 people signed an online petition last week asking Homeland Security Secretary Janet Napolitano to let Huerfano stay.

'Andrea [Huerfano] exemplifies what it means to be American and she should be allowed to live the American dream,' the letter states.

Friends also created a Facebook page called Halt the Deportation of Student Activist Andrea Huerfano! More than 1,000 have joined.

An Immigration and Customs Enforcement spokeswoman had no immediate comment Tuesday.

Huerfano left Colombia with her parents in 2001 and moved to South Florida. Her parents applied for political asylum, but a judge denied it and told them they had to leave, Jimenez said.

During the process, Huerfano's father died of cancer and her mother married an American citizen. That allowed her mother and two younger brothers to stay, Jimenez said, but left Huerfano in limbo since she was older than 18.

Huerfano graduated from Florida State University in 2007 and has volunteered with several nonprofit groups, including the Florida Immigrant Coalition, Jimenez said.

'She's a person with good moral character, that's what we're trying to address here,' Jimenez said.

In 2008, Huerfano accepted a fellowship with Oregon-based PolitiCorps, where she led efforts to register more than 4,000 voters and educate low-income communities about criminal justice legislation.

She was one of the most 'hardworking and promising' fellows that year, said PolitiCorps director Caitlin Baggot.

'I think it would be tragic to see her go,' said Baggot.

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21.
Teen admits to his role in attorney's kidnapping
The Monitor (McAllen, TX), December 14, 2009


Edinburg, TX -- An 18-year-old immigrant admitted in court Thursday that he helped plan the abduction of an attorney who had taken him into her home.

Gregorio Ruiz was sentenced to 10 years probation after pleading guilty to one count of aggravated kidnapping.

Weslaco police arrested Ruiz in May after two teens kidnapped him and his lawyer at gunpoint and drove them around for hours while attempting to extract money from her bank account.

Both were released unharmed. But after investigators arrested two 19-year-old suspects for the crime, both implicated Ruiz, according to court documents.

The two alleged abductors — relatives Edward and Juan Carlos Lerma — have each been convicted and are awaiting sentencing hearings later this month.

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22.
Texas twins sentenced for selling phony visas
By Mary Flood
The Houston Chronicle, December 14, 2009

Twin brothers were sent to federal prison for more than two years each today for their role in bringing 88 immigrants from India to this country on phony visas costing at least $20,000 each.
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23.
Cuban man pleads guilty to mail fraud, ID theft
The Associated Press, December 14, 2009

Los Angeles (AP) -- A Cuban man has pleaded guilty to posing as an attorney so he could represent detainees in immigration court in San Pedro.

Court documents show Raul Ernest Alonso-Prieto reached a plea deal with federal prosecutors that was entered in court last week.
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Overseas News

Support the Center for Immigration Studies by donating on line here: http://cis.org/donate

ATTN Federal employees: The Center's Combined Federal Campaign number is 10298.

[For CISNEWS subscribers --

1. Canada: Gov't to expedite assessment of foreign pros’ creds
2. U.K.: European Muslims facing increasing discrimination
3. Ireland: Research finds foreign nurses ready to leave
4. France: U.N. urges open European immigration policies
5. France: Gov't struggling to cope with Britain-bound illegals
6. France: Minister chides Muslim youth, draws criticism
7. Lebanon: Woman gets jail for beating of foreign maid (link)
8. S. Korea: Bill would require warrant for immigration searches
9. Japan: Burmese seek permanent resident status
10. Indonesia: Authorities nab human smugglers (link)
11. Philippines: Remittances set record during October
12. Philippines: Remittances bolster savings deposits
13. Philippines: Groups warn about abuse of overseas workers
14. Australia: Gov't allocating funds to placate island residents (story, 2 links)
15. Australia: Rights NGO condemns offshore detention (story, 2 links)
16. Australia: Refugees status approved for Sri Lankans aboard ship

Subscribe to CIS e-mail services here: http://cis.org/immigrationnews.html

-- Mark Krikorian]


1.
Giving hope to foreign professionals
By Derek Sankey
The Vancouver Sun (Canada), December 14, 2009
http://www.vancouversun.com/life/Giving+hope+foreign+professionals/2338459/story.html

When Iranian-born Fariborz Birjandian came to Canada 21 years ago with a degree in management and maritime science, he quickly realized he had transferable skills that could be applied to several occupations.

At the time, the process of foreign credential recognition was nearly non-existent compared with today and that process is now undergoing what the federal government says is another step to speed up the assessment of internationally trained immigrants.

Ottawa recently announced a plan to ensure newcomers to Canada in certain fields will know within one year whether their qualifications will be recognized by provincial and professional regulatory and accreditation bodies across Canada, working in conjunction with provincial officials to co-ordinate implementation of the new framework.

'We have to give these people hope to see light at the end of the tunnel,' says Birjandian, who is now the executive director of the Calgary Catholic Immigration Society (CCIS). 'At least the federal government is trying to engage all other partners in a meaningful way. Hopefully, there will be some accountability around it.'

The Pan-Canadian Framework for the Assessment and Recognition of Foreign Qualifications sets an initial deadline of Dec. 31, 2010 to assess the first round of eight occupations: architects, engineers, financial auditors and accountants, medical laboratory technologists, occupational therapists, pharmacists, physiotherapists and registered nurses. It's part of Ottawa's previously announced $50-million plan to work with provincial and territorial ministers to address barriers to credential recognition.

'This framework complements initiatives such as the Action Plan for Faster Immigration, as they make our immigration system better meet the needs of our labour market,' says Jason Kenney, federal minister of citizenship, immigration and multiculturalism, in a news release.

During the next phase of implementation ending December 2012, the framework will expand to include dentists, engineering technicians, licensed practical nurses, medical radiation technologists, physicians and primary school teachers.

'Ensuring that foreign credentials and qualifications are assessed ... in a timely manner will enable newcomers to maximize their talents,' adds Diane Finley, minister of human resources and skills development.

Finley co-chaired the Forum of Labour Market Ministers and will work with her provincial counterparts and about 500 accreditation bodies, post-secondary institutions and other stakeholders to ensure smooth implementation.

Birjandian hopes the plan will address the length of time it can take to immigrate to Canada, which he says is often four or five years--delays that can cause highly sought-after workers to find their skills no longer needed upon arrival. At the start of the boom in Alberta, for example, welders were in high demand. By the time they were recruited and accredited in Canada, the recession took hold and many now find themselves working in menial jobs. Similar stories are heard from engineers.

'We think that if we deal with those (credential recognition) issues they have ... we're going to solve the problem, but at the end of the day, it's employers that accept the assessment or not,' says Birjandian. 'If we don't address the numbers (of new immigrants), we're still going to be in the same situation where everybody will be qualified and certified in Canada, but supply and demand will tell us how many of them get jobs.'

The Foreign Credentials Referral Office, established in May 2007, helps foreign-trained workers get the information and support services they need to speed up the process of credential recognition in Canada and before they arrive.

While Birjandian is encouraged by the recent announcement, he worries Canada's immigrant selection system, based on a points scale targeting specific occupations, will result in unneeded professionals as supply and demand shifts. 'It's a rapidly-changing environment we're dealing with in the business community worldwide,' he says.

CCIS helps new immigrants identify transferable skills that can be applied to occupations that utilize their skills to avoid highly trained newcomers working as taxi cab drivers or day labourers.

The new framework is meant to improve pre-arrival services, timely assessments that are fair and eventually improved workforce participation.

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2.
Muslims in Europe feel growing climate of discrimination
Deutsche Presse Agentur, December 15, 2009
http://www.earthtimes.org/articles/show/299462,muslims-in-europe-feel-growing-climate-of-discrimination.html

London -- Religious discrimination remains a critical barrier to the participation of Muslims in European society, as was underlined by the recent Swiss vote on the ban of minarets, a study published Tuesday said. A Europe-wide report by the London-based Open Society Institute (OSI) said 'effective and sustainable measures' were urgently needed to tackle religious discrimination - a problem that had worsened in recent years.

'Europe needs to live up to its promise of an inclusive, open society,' said Nazia Hussain, director of OSI At Home in Europe project.

'Switzerland's recent ban on minarets is a clear sign that anti-Muslim sentiment is a real problem in Europe,' she said.

Too many Europeans believed that religious identity was somehow a barrier to integration, while the majority of Muslims surveyed identified strongly with the city and country they lived in.

The majority of Muslims in European countries wanted to live in mixed communities, and not in segregated neighbourhoods, the report found.

'But at the same time they don't believe that their fellow countrymen or the wider society sees them as either German or French or English,' Hussein told the BBC.

The survey, which said that Europe's Muslim population could double to 40 million by 2025, looked at the social integration of Muslims in 11 cities in western Europe.

It is based on more than 2,000 interviews with individuals, as well as discussions with focus groups, officials, Muslim leaders, academics and activists, OSI said.

The cities selected were Amsterdam, Rotterdam, Antwerp, Berlin, Hamburg, Copenhagen, Leicester, London, Marseille, Paris and Stockholm.

'Though the majority of Muslims are a long-standing and integral part of the fabric of their cities, many still experience discrimination and suspicion,' the report said.

'This complex situation presents Europe with one of its greatest challenges: how to effectively ensure equal rights and social cohesion in a climate of political and social tension, global economic recession, and rapidly expanding diversity,' it said.

Among the Muslims surveyed, 61 per cent said they had a 'strong sense of belonging' to the country they lived in and 72 per cent said they felt the same attachment to the city in which they lived.

Half of the Muslim respondents reported experiencing religious discrimination over the past 12 months. The report recommended that the EU should 'collect accurate data' on minorities with the aim of encouraging equal treatment in education, housing and other services.

It pointed out that many Muslims who were not EU citizens remained disenfranchised, particularly in Germany and France. It said that even in the British city of Leicester - where ethnic minorities were well represented politically - 'racial discrimination is still very much alive.'

EDITOR’S NOTE: The OSI report is available online at: http://www.soros.org/initiatives/home/articles_publications/publications/muslims-europe-

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3.
Just one in five migrant nurses planning to stay
By Muiris Houston
The Irish Times, December 15, 2009
http://www.irishtimes.com/newspaper/health/2009/1215/.html

Just one in five migrant nurses working in the Republic plans to stay here, with many planning to move to Canada or Australia, new research has confirmed.

It also reveals that issues related to citizenship and immigration procedures are key factors in whether these nurses will stay or leave Ireland.

A survey of 337 migrant nurses in Ireland, undertaken between February and July 2009 by the Nurse Migration Project at the Royal College of Surgeons in Ireland (RCSI) also found that 20 per cent of non- EU nurses have formally applied to An Bord Altranais to have their data 'verified', a process signifying serious intent to migrate.

In 2008, verifications were sought on behalf of 1,885 nurses from India and 261 nurses from the Philippines, a figure that equates to one-fifth of all non- EU nurses who were newly registered here between 2000 and 2008.

During the same period, HSE-driven recruitment campaigns succeeded in bringing 11,288 non-EU nurses into the Irish health system.

Some 45 per cent of these professionals were from the Philippines, with another 45 per cent coming from India and 2 per cent from Nigeria.

'If these nurses were to emigrate (as is their intention), it would represent a significant loss to the Irish health system, as the number exceeds the annual number of nurse graduates in Ireland,' researcher Dr Niamh Humphries said.

The research was funded by the Health Research Board, and led by Prof Ruairi Brugha of the division of population health sciences at RCSI.

It also revealed that while 91 per cent of those surveyed stated that they were satisfied or very satisfied with life in Ireland, 74 per cent agreed the economic recession had had an impact on their levels of satisfaction.

Although 80 per cent held permanent posts in the health system, just 7 per cent had acquired Irish citizenship, the survey found.

'I am here almost 10 years and up to now my status is still uncertain,' one respondent said.

'I fear that if the economy gets worse the Irish government will decide to send us all home. It’s very hard to apply/get approved for citizenship, unlike other countries.'

According to the authors, migrant nurses are experienced, specialist nurses who are familiar with the workings of our health system.

'They would not be easily replaced, either by new graduates or by new international recruits,' they conclude.

EDITOR’S NOTE: The RCSI report is available online at: http://epubs.rcsi.ie/ephmart/3/

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4.
E.U. Urged to Open Doors to Migrants
By Katrin Bennhold and Caroline Brothers
The New York Times, December 14, 2009
http://www.nytimes.com/2009/12/15/world/europe/15iht-migrants.html

Paris -- European nations are playing into the hands of human traffickers by tightening immigration policies at a time when their economies increasingly depend on migrant labor and when new factors like climate change are swelling the ranks of those eager to come, the United Nations high commissioner for refugees said Monday.

The official, Ant�nio Guterres, who was in Paris for a debate on the effects of global warming on migration, expressed concern about opinion polls showing a growing intolerance toward foreigners across the Continent and warned that rising unemployment would probably amplify the hostility.

He urged Western, and especially European, officials to stop what he called misleading statements to voters. 'Politicians do not have the courage to tell people that we need more migrants,' Mr. Guterres said, noting that 'if you have an aging population, a population that lacks dynamism, it is very easy to play with fear.'

'Smugglers respond to a need,' he said. 'That’s why it’s so difficult to fight them. If the market requires more people, they will come. If you close the door, they will climb through the window.'

From the recently dismantled encampments in Calais, in northern France, where illegal migrants awaited opportunities to cross into Britain, to the many boats full of Africans washing up on the Mediterranean coast, immigration has been a hot-button issue in Europe for some time.

As public opinion has hardened, so has legislation. Under a European Union pact on immigration signed last year, governments pledged to deport illegal immigrants from European territory and strengthen border controls. More recently, E.U. governments agreed to start penalizing employers who use workers without papers.

Migrant groups and, increasingly, corporate lobbies assert that many sectors, like construction and the restaurant business, could not operate without immigrants, who often pay taxes and social security contributions under someone else’s name.

'What we need is more meaningful opportunities for legal migration,' Mr. Guterres said. In a spirited presentation at the Forum for New Diplomacy, co-hosted by the International Herald Tribune and the Academie Diplomatique Internationale, he spoke of his own experience in his native Portugal. Only two of the seven people caring for his father, who died at 95 a few months ago, were Portuguese. Without immigrants, Mr. Guterres said, Europe cannot care for its elderly.

If there is a growing demand for migrant labor in Western economies, there is also a growing supply — and not just because of poverty and growing income inequalities in the world, he said.

Climate change is expected to unseat conflict as the main driver of mass migration in coming years, Mr. Guterres predicted, calling on rich nations to provide financial aid to poorer nations most affected by global warming. Even if the current climate talks in Copenhagen are successful, he said, the impact of hotter weather caused by cumulative greenhouse gas emissions already in the atmosphere is likely to increase the number and scale of phenomena displacing populations: natural disasters, food scarcity, water shortages and conflicts.

The classic distinction between economic migrants and refugees is becoming increasingly blurred, further complicating the immigration question in Western societies, Mr. Guterres said.

'At a time when more and more people are forced to move, it is more and more difficult for people to move,' he said. 'It is one of the contradictions of our times.'

But like climate change, Mr. Guterres said, mass migration is a reality that governments need to face up to.

'All our societies will become multiethnic, multireligious and multicultural,' he said, 'whether we like it or not.'

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5.
In Calais, Illegal Migrants Driven Underground
By Bruce Crumley
The BBC News (U.K.), December 15, 2009
http://www.time.com/time/world/article/0,8599,1947471,00.html?xid=rss-topstories

Last September, when French authorities sent riot police to raze 'the Jungle,' a makeshift camp near Calais, they made sure plenty of international media were on hand. By closing the camp and dispersing its population of clandestine aliens who were awaiting a chance to sneak across the Channel to Britain, the authorities aimed to provide clear proof of France's determination to battle illegal immigration. But less than three months later — with TV cameras gone — humanitarian workers are struggling to deal with problems that have actually been exacerbated by the raid.

On Dec. 9, the aid group Secours Catholique won permission to begin setting up a center to care for the most vulnerable aliens who stayed in Calais after the Sept. 22 operation. The approval didn't come easy. With more than half of the nearly 1,000 refugees who occupied the camp relocated elsewhere, Calais city officials fought efforts by Secours Catholique and other aid groups to set up any services for the remainder for fear that even minimal aid could swell illegals' numbers again. Secours Catholique not only had to win a November court case to overcome the refusal of Calais authorities but also promised that the unit would provide just health, medical and sanitary services to women, children and ailing men among the 300 illegals currently estimated to be in the area — and run it only during the day. (See pictures of the French cracking down on migrants.)

'There will be no lodgings in it, and it will be administering to the most vulnerable of refugees,' says Philippe Lefilleul, a member of Secours Catholique. 'Resistance to any facility was sufficiently high that we're having to limit what we do to minimum humanitarian levels.'

Lefilleul says a majority of people who had resided in the Jungle have fallen back to nearby towns on the coastline — or have retreated all the way back to camp aside canals in Paris where they wait for smugglers to hide them in U.K.-bound trucks or freight trains. And Calais doesn't want those and newly arrived illegals to join the estimated 300 Jungle inhabitants still in town. The reason is evident: with its proximity to Britain — 30 miles, connected by ferries, trucks, cars and passenger and freight trains using the Chunnel — Calais remains a magnet for clandestine aliens and the human traffickers exploiting their desire to reach the U.K. (where obtaining refugee status is easier and brings more in aid payments). Britain has long demanded that Paris take action to prevent migrants from congregating on French shores with the aim of illegally sneaking across the Channel. (See the top 10 news stories of 2009.)

France took a first step in 2002, when then Interior Minister Nicolas Sarkozy closed down the Red Cross–run refugee shelter in the Sangatte suburb of Calais, which had housed thousands of illegals planning a jump to England. That only sent inhabitants of Sangatte's center flocking to other parts of Calais and its environs.

With Sarkozy now President — he has made fighting illegal immigration one of his main priorities — the destruction of the Jungle was designed to send a forceful message that France's humanitarian sympathy had run out. That message seems to have little impact on the people who view Calais as a staging post for a new life, many of whom have fled greater privations and dangers than a newly hostile Calais can offer. Instead, Lefilleul reports, migrants have simply gone underground and into deeper misery, hiding from even the aid groups looking to provide them minimal levels of assistance. 'We aren't condoning illegal immigration and aren't naive about the role of traffickers in all this,' he says. 'But offering a little humanitarian care to such vulnerable people is our duty as fellow human beings and Christians.' (See the TIME video 'In Calais, a Dead End for Refugees Bound for Britain.')

That's not how Lefilleul's Secours Catholique day center, due to begin operating in January, is viewed across the Channel, where some hostile press reports dubbed it Sangatte II. 'This is another gesture of contempt from France to Britain,' said U.K. Conservative Party shadow immigration minister Damian Green. 'It will encourage more potential illegal immigrants to try to break our law.'

Natacha Bouchart, conservative mayor of Calais and a backer of Sarkozy's anti-immigration hard line, says her city and others on the coast are 'hostage to the British' asylum laws. She says the U.K. should tighten those rather than shift the responsibility on French authorities to keep illegal aliens from making it to Britain. (Read a TIME postcard from Calais.)

Lefilleul disagrees with both analyses. 'The reality is, until we find a way of physically moving the English coast farther away from France, the Calais region will be the place most aliens go because it's closest to the U.K.,' he says. 'The solution is to find a way to convince illegal aliens not to leave home in the first place. Trying to make their lives as miserable once they're here serves nothing.'

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6.
French Minister Tells Muslims to Speak Properly
Reuters, December 15, 2009
http://www.nytimes.com/reuters/2009/12/15/world/international-us-france-minister-muslims.html

Paris (Reuters) -- A junior French minister has told young Muslims living in France they should dress properly, find a job and stop speaking slang.

Opposition politicians from the left denounced the comments by the minister for families, Nadine Morano, as racist.

The highly outspoken Morano, who is a member of President Nicolas Sarkozy's inner circle, made the remarks on Monday evening in a small town in eastern France during a government-inspired debate on national identity.

'We are not putting young Muslims on trial. I respect their situation. What I want is for them to feel French because they are French,' she said in a recording played on French radio.

'I want them to love France when they live here, to find work and not to speak in slang,' she said, adding: 'They shouldn't put their caps on back to front.'

The comments tapped into stereotypical perceptions of youths from tough suburbs on the fringes of France's big cities, many of whom are from an immigrant background.

However, back-to-front caps, baggy trousers and a distinctive form of slang known as 'verlan,' once associated with those suburbs, have long since spread to high schools around the country and to youths of all backgrounds.

Anti-racism groups and Socialist politicians accused Morano of stoking racial tensions and said the government should abandon its series of highly controversial national identity debates before they provoked a violent backlash.

'This is a political operation designed to pit French people against each another and to create a war of culture and identity,' said Socialist parliamentarian Arnaud Montebourg.

The human rights group SOS Racisme urged Prime Minister Francois Fillon to intervene and bring his cabinet to order.

Morano's office said the minister's words had been taken out of context.

Some five million Muslims live in France, the largest such community in Europe. Many of them are immigrants from former French colonies in North and West Africa.

Sarkozy's government has tightly linked the issues of immigration and integration and launched the national identity debate last month, playing on a theme that had served Sarkozy well during his successful 2007 election campaign.

Critics say the countrywide discussions will simply open a Pandora's box of prejudice and extremism.

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7.
Landmark case lands Lebanese woman in jail for beating migrant maid
The Daily Star (Lebanon), December 15, 2009

Beirut -- A Lebanese woman was sentenced by a Batroun court to 15 days in prison this week after being found guilty of beating a Filipino maid working in her home. The accused, who has been identified only by her initials F.S., was also asked to pay a court fine of $34 and a further $7,200 in compensation to Philippines national Jonalin Malibago, by presiding judge Munir Suliman on December 9.
. . .
http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=1&article_id=109786

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8.
Warrant Needed to Crack Down on Illegal Foreigners
By Lee Tae-hoon
The Korea Times, December 15, 2009
http://www.koreatimes.co.kr/www/news/nation/2009/12/113_57311.html

A bill has been proposed that would require immigration officers to submit a court-issued warrant before entering a building or house to search for undocumented immigrants.

Rep. Lee Chun-seok of the main opposition Democratic Party (DP) proposed a revision bill Monday that calls for overhauling the Immigration Control Law.

The Human Rights Commission has repeatedly recommended the government revise the law that permits immigration crackdowns with a warrant.

The commission expressed concern that immigration officers tend to enter workplaces employing illegal foreigners without producing IDs and carry out raids without seeking permission, often inflicting physical injury.

Three people were killed and 24 were wounded during crackdowns between January 2005 and August 2009, according to the Ministry of Justice.

Under the proposal, night raids would be banned, even if a warrant is issued.

Instead, the bill calls for random questioning in accordance with the rules that apply to Korean nationals.

The bill also would remove a provision that bans political activities of foreigners, as Korea has already granted suffrage to them in certain elections.

In May 2005, the government revised the Election Law to allow foreigners who have lived in Korea for more than three years to vote in local elections.

Foreign absentee voters are already allowed to cast ballots by mail or at their embassies here.

The number of illegal aliens decreased to 181,331 in October, down from 210,596 during the same period a year ago, according to the Korean Immigration Service.

The bill also calls for excluding foreigners who have received a suspended sentence from a local court from deportation.

In addition, if a suspected illegal alien challenges a deportation order, the government must complete the review of his or her right to stay here within 20 days.

The bill also would require the immigration service to provide deportation orders and documents that explain the process to foreigners in their native languages.

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9.
37 Myanmar exiles seek long-term residency
Kyodo News (Japan), December 16, 2009
http://search.japantimes.co.jp/cgi-bin/nn20091216b5.html

More than three dozen people from Myanmar who have been granted exceptional status to remain in Japan without being designated as refugees have applied for more stable long-term residency, their lawyers said.

The 37 people from 22 families living in Tokyo and Gunma, Saitama and Chiba prefectures applied with the Tokyo Regional Immigration Bureau for long-term residency because they may not be able to renew their current residence status if the situation in Myanmar changes.

Their current status denies them welfare benefits and does not allow their relatives to come to Japan.

'They are not able to live a stable life in Japan due to many obstacles,' said Hironori Kondo, one of the lawyers.

Less than 20 percent of applicants for long-term residency have been granted the status this year, according to research by the legal team, and one man who did apply committed suicide in April because his family was not allowed to join him.

'My husband killed himself because it was too dangerous for him to return to our home country (to see the family). How can we make a living now?' asked the man's 40-year-old widow at a news conference Monday.

Instead of being granted refugee status, the 37 people were given a designated activities visa. Under long-term resident status, foreigners can stay for a designated period without any work restrictions.

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10.
Indonesia nabs people smugglers: police
Agence France Presse, December 15, 2009

Indonesia has declared a Pakistani man and four locals as suspected people-smugglers after a group of 47 Afghan migrants were intercepted as they planned to reach Australia.
. . .
http://news.smh.com.au/breaking-news-world/indonesia-nabs-people-smugglers-police--kumw.html

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11.
OFW remittances hit all-time monthly record in October
The GMA TV News (Philippine Islands), December 15, 2009
http://www.gmanews.tv/story/179435/ofw-remittances-hit-all-time-monthly-record-in-october

Money sent home by Filipinos working abroad rose to a monthly record of $1.5 billion in October, buoyed by the seasonal pick-up in remittances that paid for beneficiaries’ tuition in the second semester.

October’s 6.7 percent growth in dollar remittances brought the 10-month level to $14.3 billion, a yearly growth of 4.5 percent, the Bangko Sentral ng Pilipinas said on Tuesday.

'Higher transfers of funds were made by both land- and sea-based workers,' the central bank said in a statement.

It added that the continued deployment of Filipino workers abroad, particularly skilled and highly paid workers, has supported the steady flow of remittances during the 10-month period.

Migrant Filipinos sent more money to their families here whose properties got damaged by flooding brought by typhoons Ondoy and Pepeng, the central bank said.

For January to October, major remittance sources were the US, Canada, Saudi Arabia, Britain, Japan, Singapore, the United Arab Emirates, Italy and Germany.

'The country's long-term deployment outlook has remained favorable in Middle Eastern countries, specifically in Saudi Arabia's construction and health sectors,' it said.

The Labor department has also adopted measures to help Filipino workers overseas who may lose their jobs as a result of Dubai's financial crisis. These Filipinos may find alternative work in Qatar, Oman and other areas in the United Arab Emirates, it added.

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12.
More OFW families are saving for rainy day
By Don Gil K. Carreon
The GMA TV News (Philippine Islands), December 15, 2009
http://www.gmanews.tv/story/179392/more-ofw-families-are-saving-for-rainy-day

More families of Filipinos working abroad are saving a portion of the money sent home by their relatives, ensuring they have funds for a rainy day, while flushing the financial system with funds that could be tapped for investments, the Bangko Sentral ng Pilipinas (BSP) said.

BSP Deputy Governor Diwa C. Guinigundo told reporters late Thursday last week there has been a perceptible improvement in the number of families setting aside some of the remittances they receive, since the central bank started tracking this in 2007.

'In first quarter of 2007, of those families that reported they have one or two family members who are OFWs, there were only 7 percent doing the savings. In the third quarter of 2009, this went up to about 39.9 percent and in fourth quarter there was further improvement to nearly 45 percent,' he said.

Results of the BSP’s fourth quarter consumer expectations survey also showed 95.2 percent of OFW families used remittances for household expenses. Over 65 percent spent these on education, 62.2 percent on medical expenses and almost half on debt payments.

Mr. Guinigundo pointed out more families of migrant workers are becoming aware of the importance of savings, which in turn, could be turned into investments.

'This is important because it means OFWs and their families are becoming more financially literate and conscious that what is earned overseas would have to be saved... These savings could then become investments,' he said.

Mr. Guinigundo said the desire to save could have contributed to the resilience of remittances despite the global economic crisis, since OFWs continue to send home money to set aside funds for rainy days.

The BSP, however, does not have data on the average amount OFW families are saving.

Analysts interviewed by BusinessWorld yesterday agreed that more OFW families setting aside a portion of their relatives’ earnings is good for the country in the long run, but said this could have been more of a precaution against the slowing global and domestic economy.

In a telephone interview yesterday, Alvin P. Ang, an economist at the University of Sto. Tomas, said: 'Because OFWs earn so much, their savings [would ensure] there is enough cash within the country to be used for investments,' he said.

Eduard D. Robleza, research director of the Institute for Development and Econometric Analysis, concurred but said it was not yet clear where OFW families are putting their money in.

'In terms of OFWs investing, it’s still not clear where they are putting this... Increased savings means they are thinking more long-term,' he said.

Mr. Ang, however, noted that the Philippine economy is primarily consumer-driven, with local households’ savings rate at only around 20 percent compared to 30 percent in the region, so the high savings rate may just be temporary.

'That may be partly because we are in a crisis situation, so they tell families back here to save as a precaution because they are unsure whether they could keep their jobs,' he said.

Mr. Robleza had the same view.

'Most likely [more] are saving because of the uncertainty of the global scenario... The savings figures could go back to normal but we don’t see it happening very soon unless there are definite signs of recovery,' he said.

Mr. Robleza added that in the short term, more families tightening their purses could mean slower economic activity for the country, which is dependent on consumer spending.

Mr. Ang added that the data would have been better if it included the average savings of an OFW family.

The latest central bank data showed that remittances coursed through banks and other formal channels grew by 4.2 percent to $12.8 billion as of September. Data as of October will be released today.

Money sent home by migrant workers are projected to grow by 4 percent to a record $17.1 billion this year, up from an earlier projection of flat growth. Next year, the BSP estimated remittances to grow by 6 percent.

Remittances are considered an integral part of the Philippine economy as it provides funds for domestic consumption, which accounts for over two-thirds of economic activity.

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13.
OFWs remain vulnerable to discrimination, rights violation
The GMA TV News (Philippine Islands), December 12, 2009
http://www.gmanews.tv/story/179168/ofws-remain-vulnerable-to-discrimination-rights-violation

With over 3,000 Filipinos forced to leave the country daily for overseas employment, no wonder the cases of discrimination they experience could be as many.

'Discrimination feeds mistrust, resentment, violence, crime and insecurity and makes no economic sense, since it reduces productivity,' said United Nations High Commissioner for Human Rights Navi Pillay in her message on the occasion of International Human Rights Day last Thursday December 10.

Her renewed calls, thus, for individuals, groups, and governments to work towards ending discrimination against migrants and refugees were welcomed by two major migrant organizations in the country.

'Mass migration remains a grave concern, especially for women domestic helpers, because there exists no internationally accepted standards for protecting migrant workers,' said Ellene Sana, executive director of the Center for Migrant Advocacy (CMA).

Another migrant rights group, Migrante International, also said the government’s labor export policy resulted in overseas Filipino workers (OFW) being 'sacrificial lambs' to ensure an open labor market and the continued flow of remittances, leaving migrant workers vulnerable to discrimination and human rights violations.

Increasing OFW deployment

Based on recent data from the Philippine Overseas Employment Agency, deployment of OFWs in 2008 increased by 14% from the previous year to 1.2 million, over 50% of whom are sent to the Middle East and with an over-all annual remittance amounting to roughly $17 billion. About 9 to 10 million Filipinos, or approximately 10% of the total population, are currently living in 193 countries and territories, according to the CMA.

The staggering figures also translate to a slew of human rights violations. As of 2007, Migrante has been handling over 1,000 cases of abuses against OFWs, including cases of repatriation, illegal recruitment and trafficking. For the same period, at least 4,775 Filipinos including 673 women and 50 minors were recorded imprisoned and 35 on death row.

The figures do not yet include the recent spate of hijacking of ships, including 68 Filipinos currently being held by pirates in Somalia and Nigeria.

Sana, however, believes that OFWs are in better conditions today since 2007 when the government started implementing policy reforms for OFWs, such as removal of placement fees, improved certification processes for workers, and more tedious accreditation and verification of agencies and employers.

Women are most vulnerable

Still, discriminatory practices exist, more so in areas of high levels of OFW concentration and women workers, according to Sana.

In Hong Kong for example where over 70,000 workers were deployed last year, all migrant workers except helpers can achieve residency status after seven years of living in this Chinese territory. Terminated helpers are also given only two weeks to look for a new employer or leave the territory.

In the Gulf regions where over 300,000 OFWs were deployed in 2008, women workers reportedly do not have rest days, no visitation privileges, their movement is restricted and passports are confiscated.

In some European countries like Holland, Filipino women with foreigner husbands are required to live with their spouses for at least three years before they become can citizens, some of them ending up as victims of domestic violence.

Creation of jobs, not labor export

'Migration cannot be a development strategy,' Sana said as she criticized the government’s failure to create domestic jobs. Migrante also said, 'A policy of labor export inherently limits, if not directly contradicts, the state’s ability to protect migrants’ rights and welfare.'

While recognizing the government’s attempts at improving the plight of Filipino migrant workers, Sana believes that the all these will be futile given the limited presence of labor offices across the world and problems in implementation due to lack of resources.

In the meantime, both CMA and Migrante vow to continue pressuring the government to put a stop to its policy of labor export, as well as ceaselessly work towards improving the conditions of more than a million Filipino workers all the world over. -

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14.
Christmas Island to get $50m package
By Jonathan Pearlman
The Sydney Morning Herald, December 16, 2009
http://www.smh.com.au/national/christmas-island-to-get-50m-package--kuo6.html

Christmas Island's residents will receive a $50 million boost to the island's infrastructure as the Rudd Government seeks to placate the permanent population for the burden of its offshore detention program.

The island, a tiny territory in the Indian Ocean, has a permanent population of 1402, according to the CIA World Factbook, but a growing number of asylum seekers. More than 1400 detainees are being held in the island's detention facility, which has about 100 staff.

The Minister for Home Affairs, Brendan O'Connor, said the Government was committed to supporting the community on Christmas Island and ''working towards an economically, environmentally and culturally sustainable future'.

'The package will provide additional health, policing and education resources to maintain a high standard of service to the local community and to people in immigration detention.''

The Government has also approved $11.3 million to provide a fibre optic network for the island.

Amnesty International has inspected the island's detention facilities and criticised the treatment of children and the overcrowded conditions. The group's refugee co-ordinator, Graham Thom, said the island was too isolated and it was ''totally unacceptable'' to detain asylum seekers there.

''After inspecting the construction camp, where families with children and unaccompanied minors are housed, Amnesty International has found that the facility is blatantly unsuitable for this purpose,'' Dr Thom said.

''Families with young children, unaccompanied minors and women are housed in cramped demountables, behind guarded fences. Of particular concern are the significant and disturbing levels of overcrowding within the North West Point Immigration Detention Centre … and the lack of ready access to essential services such as adequate mental health care.''

The Opposition's spokesman on immigration, Scott Morrison, warned the Government against transferring the asylum seekers to Darwin, saying it would send ''an unambiguous message to people smugglers trading in human misery that Australia is an even softer touch''.

'Minister Evans can't bluff his way out of the implications of transferring asylum seekers to the mainland. Moving hundreds of people to the mainland because Christmas Island is full is sending the wrong message

to people smugglers and has the potential to open a legal can of worms,' he said.

'The minister's assurances about the impact of transferring detainees on their legal status are at best ambiguous and at worst would undermine the whole point of the [former] Coalition government's offshore processing solution.''

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$50m boost for Christmas Island
The ABC News (Australia), December 15, 2009
http://www.abc.net.au/news/stories/2009/12/15/2772608.htm

Christmas Islanders seek answers from Rudd over stretched resources
By Paige Taylor
The Australian, December 15, 2009
http://www.theaustralian.com.au/news/christmas-islanders-seek-answers-from-rudd-over-stretched-resources/story-e6frg6n6-

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15.
Amnesty condemns Christmas Island conditions
The ABC News (Australia), December 16, 2009
http://www.abc.net.au/news/stories/2009/12/16/2772916.htm?section=justin

Amnesty International says the immigration detention facilities on Christmas Island are breaking the Federal Government's own immigration values.

The detention centre on the island is at capacity and some asylum seekers are now being housed in tents while their applications are processed.

The Federal Government is going to spend $50 million to improve water and electricity infrastructure on the island and to pay for more police, health and education workers.

But Amnesty's refugee co-ordinator, Graham Thom, says that is not enough to improve conditions for asylum seekers.

'Most of the people who are on Christmas Island should be allowed to have their processing done in the community like everybody else, but that just doesn't exist on Christmas island,' he said.

'As you see, they need to pump in an extra $50 million just to make sure the infrastructure is available.'

Immigration Minister Chris Evans has rejected Amnesty's criticism, saying the detainees are receiving fair and humane treatment.

He says the Government remains committed to using Christmas Island to detain asylum seekers arriving by boat.

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Christmas Is conditions poor: Amnesty
The Australian Associated Press, December 16, 2009
http://news.smh.com.au/breaking-news-national/christmas-is-conditions-poor-amnesty--kutg.html

Prison-like conditions for Christmas Is detention kids
By Karlis Salna
The ABC News (Australia), December 16, 2009
http://www.theaustralian.com.au/news/breaking-news/prison-like-conditions-for-christmas-island-detention-kids/story-fn3dxity-

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16.
78 Sri Lankans rescued from Oceanic Viking granted refugee status
By Paul Maley and Debbie Guest
The Australian, December 16, 2009

All of the 78 Sri Lankan asylum-seekers rescued by the Customs ship Oceanic Viking have been found to be refugees, increasing the pressure on the Rudd government to find a home for the Tamils.

The Australian understands that the UN refugee agency, UNHCR, has completed its assessment of the 78 asylum-seekers and designated all of them as genuine refugees.

The designation means the Sri Lankans have cleared the first hurdle towards resettlement in a third country, a promise made by the Australian government in exchange for their ending a month-long sit-in aboard the Viking as it remained moored off Indonesia.

The news came as the Rudd government announced it would spend $50 million in an attempt to ease pressure on the stretched resources on Christmas Island because of an influx of asylum-seekers and associated workers.
. . .
http://www.theaustralian.com.au/news/nation/sri-lankans-rescued-from-oceanic-viking-granted-refugee-status/story-e6frg6nf-

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Center for Immigration Studies
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Washington, DC 20005
fax:
www.cis.org
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