Morning News, 6/10/09
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1. DHS suspends deportation of widows
2. Judge tosses CT deportation orders
3. AZ panel approves crackdown
4. MN audit to assess program
5. Secure Communities expanding
1.
U.S. Temporarily Suspends Policy of Deporting Widows of Citizens
By Miriam Jordan
The Wall Street Journal, June 10, 2009
The Department of Homeland Security said Tuesday it is temporarily freezing a policy of deporting widows and widowers of U.S. citizens, a sign of the Obama administration's interest in new approaches to immigration.
Only a few hundred people were at risk of deportation under the policy, but critics viewed it as one of the most painful consequences of President George W. Bush's immigration crackdown.
Under the current interpretation of federal law, some immigrants whose American spouses had died faced possible deportation because their legal status was in limbo. The rule applied to immigrants who had been married for less than two years or whose green-card process hadn't been completed when their spouses died. The clause, known as the "widow penalty," had resulted in a spate of lawsuits.
On Tuesday, Homeland Security Secretary Janet Napolitano announced that her agency was freezing any action against such widows and widowers for two years. "Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues," Ms. Napolitano said.
A Department of Homeland Security statement said U.S. Citizenship and Immigration Services, the agency that oversees immigrant petitions, would give favorable consideration to requests for reinstatement of cases that previously had been revoked under the law.
Ms. Napolitano's directive offers relief, if only temporary, to some 200 widows and widowers. However, it suggests the Obama administration could be testing a softer approach to other contentious aspects of immigration policy.
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http://online.wsj.com/article/SB124460396702601095.html
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2.
Judge Halts Deportations over ICE Misconduct
By Noel Brinkerhoff
Allgov.com, June 10, 2009
A federal judge in New Haven, CT, threw out deportation orders on Monday for four men arrested by immigration agents who demonstrated unacceptable behavior during a 2007 raid. Judge Michael W. Straus ruled that officers with the Immigration and Customs Enforcement (ICE) “egregiously violated” the immigrants’ constitutional rights by bulling into their home “without a warrant, without probable cause and without consent,” as required under the 4th and 5th amendments. Straus refused to consider any evidence gathered at the men’s house because it was illegally obtained, and the judge was irked that ICE didn’t make the arresting officers available so the accused could cross-examine them.
The raid was just one of several carried out by ICE in June 2007 immediately following New Haven’s approval of a landmark city I.D. plan aimed at helping undocumented workers open bank accounts. The law drew national attention, and the scorn of federal immigration officials, according to locals who felt the timing of the raids was not a coincidence.
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http://www.allgov.com/ViewNews/Judge_Halts_Deportations_over_ICE_Miscond...
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3.
Immigration enforcement bill clears early hurdle
By Casey Newton
The Arizona Republic (Phoenix), June 10, 2009
The state Legislature is moving to make federal immigration issues a matter of state law, a change that could mean jail time for illegal immigrants.
Under a bill approved by a committee Tuesday, being in the country illegally - historically considered a federal matter - would become a state misdemeanor. A second offense would be a felony.
That would mean illegal immigrants found in Arizona could be arrested by local police, accused by local prosecutors and be put behind bars, rather than being turned over to U.S. officials for deportation.
On an 8-3 vote, the Senate Appropriations committee recommended Senate Bill 1162 be approved. The bill originated as a measure to renew funds for Maricopa County Sheriff's Office anti-illegal immigration efforts, but an amendment added Tuesday would create the new state trespassing law.
The provisions of the bill fit into an overall strategy long sought by opponents of illegal immigration, who want state penalties for what are now federal crimes.
This, they say, will make it easier for local officials to fight illegal immigration and provide jail time for a crime they say too often goes unpunished.
"We're back to an old-school push to create state crimes," said Sen. Ron Gould, R-Lake Havasu City, who voted for the bill.
The bill drew criticism on two key points: the cost for cities and counties to prosecute and jail illegal immigrants, and a provision that would prohibit government entities from restricting law-enforcement agencies from inquiring about someone's immigration status.
Essentially, that would bar any policies that now discourage officials from asking about the immigration status of a person who has been detained or is applying for state benefits. A city or agency that didn't comply with the new law could be sued in Superior Court.
That line drew fire from Karen Peters, a lobbyist for Phoenix, who called it "micromanagement of police operations."
"To the extent that this statute would impair our ability to manage our department . . . and to protect witnesses and victims of crimes, that continues to be of enormous concern to us," she said. "This really impairs that mission."
A representative of the Arizona League of Cities and Towns said the provision allowing anyone to sue was overbroad and could lead to frivolous lawsuits. Local governments also would bear the cost of the misdemeanor cases.
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http://www.azcentral.com/news/articles/2009/06/09/20090609immigration-en...
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4.
New Minn. audit to rate federal immigration checks
The Associated Press, June 10, 2009
St. Paul, MN (AP) -- Minnesotans will get a report card Wednesday on the performance of the federal electronic system used by employers to check employees' immigration status.
Legislative Auditor James Nobles will release an audit of E-Verify, the system that compares identifying information provided on employment forms with Homeland Security and Social Security Administration records.
Nobles is looking at the accuracy, effectiveness and costs to Minnesota employers.
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http://www.kxmc.com/News/388493.asp
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5.
Valley jails to screen all inmates for immigration violations
By Jeremy Roebuck
The Monitor (McAllen, TX), June 9, 2009
Rio Grande City, TX -- The Starr County Detention Center on Tuesday became the latest border jail to implement a federal program aimed at screening the immigration status of all of its inmates.
By matching the fingerprints of all people booked into the local lockup against federal immigration databases, authorities hope to better identify those criminal aliens eligible for deportation after their release.
U.S. Immigration and Customs Enforcement officials estimate the "Secure Communities" initiative could lead to a 15 to 25 percent increase in the number of illegal immigrants deported from the county jail each year.
"It provides ICE with a virtual presence to look at all of these counties along the border and provide 100 percent enforcement," said Michael Pitts, director for detention and removal for the agency's San Antonio Field Office, whose jurisdiction includes the Rio Grande Valley.
While computerized immigration checks are already run in federal and state prisons, local jails have until now lacked the resources to screen all inmates.
Previously, U.S. Border Patrol agents would visit jails like those in Hidalgo and Starr counties every day to interview those detainees suspected of being in the country illegally.
But because such a screening process relies on physical documents and biographical information provided by suspects, several criminal aliens likely slipped through the cracks, Starr County Sheriff's Capt. Romeo Ramirez Jr. said.
Under the new program, computerized checks would occur automatically as part of the standard booking process. Fingerprints currently run through the U.S. Department of Justice's criminal history database will now also be matched against records the U.S. Department of Homeland Security keeps on civil immigration violations.
When a hit occurs, the inmate's name will be sent to federal and local authorities and flagged for potential deportation. Those immigrants charged with violent crimes such as murder, kidnapping, assault or rape will move to the front of the line for eventual removal from the country, Pitts said.
The process also removes the need for local agents to target inmates based on traditional red flags that suggest he or she may be an illegal immigrant, he said.
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http://www.brownsvilleherald.com/news/immigration-98861-local-inmates.html













