1. DHS head's house cleaned by illegals
2. Kennedy gives up subcommittee gavel
3. Illegal alien population decreasing
4. NE lawmakers to discuss possible laws
5. NC businesses educated on new law
6. ACLU looks into MD immigration laws
7. Resident wants UT city law

1.
Cleaning Firm Used Illegal Workers at Chertoff Home
By Spencer S. Hsu
The Washington Post, December 11, 2008; A01
http://www.washingtonpost.com/wp-dyn/content/article/2008/12/10/AR200812...

Every few weeks for nearly four years, the Secret Service screened the IDs of employees for a Maryland cleaning company before they entered the house of Homeland Security Secretary Michael Chertoff, the nation's top immigration official.

The company's owner says the workers sailed through the checks -- although some of them turned out to be illegal immigrants.

Now, owner James D. Reid finds himself in a predicament that he considers especially confounding. In October, he was fined $22,880 after U.S. Immigration and Customs Enforcement investigators said he failed to check identification and work documents and fill out required I-9 verification forms for employees, five of whom he said were part of crews sent to Chertoff's home and whom ICE told him to fire because they were undocumented.

"Our people need to know," said the Montgomery County businessman. "Our Homeland Security can't police their own home. How can they police our borders?"

Reid admits he made mistakes but called the fine so excessive that it may put him out of business. Several of his workers moved after ICE agents showed up at their homes, he said.

Raising a common objection among employers as ICE cracks down on illegal hirings across the country, Reid said it is unreasonable to expect businesspeople to distinguish between fake and real driver's licenses and Social Security cards.

Immigration laws are unevenly enforced, he added, allowing big companies to stay in business while crushing small-business owners and workers. He said the rules punish "scapegoats" such as him while inviting people at every level -- customers, subcontractors and contractors -- to look the other way while benefiting economically from cheaper labor.

"No one wants to put the blame on the head; they'd rather put the blame on the business owner," said Reid, who owns Consistent Cleaning Services. "Damned if I should be fined for employees that I took over to their house."

Chertoff declined to comment. "We're very constrained in what we can say about anybody who has any kind of issue with the department," he said.

The Secret Service uses workers' ID information to conduct security checks, not immigration checks, much like most police departments do when they pull over people for traffic stops.

Eric Zahren, a spokesman for the service, which is part of Chertoff's department, declined to discuss specific screening practices. But he said agents protecting the secretary "would have run the appropriate checks, screened and escorted people as appropriate in order to maintain the security of the residence and our protectee's security."

Department of Homeland Security spokesman Russ Knocke said that in this type of investigation, ICE focuses on the employers, not where employees are dispatched. He said that contractors have the responsibility of ensuring that their workers are legal, and that the Chertoffs were assured by Reid that workers sent to their home were legal. Upon learning that Reid might have hired illegal immigrants, the Chertoffs fired him, and the secretary recused himself from the department's subsequent enforcement actions, Knocke said.

"This matter illustrates the need for comprehensive immigration reform and the importance of effective tools for companies to determine the lawful status of their workforce," he said.

The Bush administration has pushed to expand employers' use of E-Verify, for instance, an electronic system that can confirm new hires' work documents against federal databases.

In addition to the Chertoffs' house, Reid said, his service once cleaned the Washington home of former president Bill Clinton and Sen. Hillary Rodham Clinton (D-N.Y.), now secretary of state-designee, as well as homes of another Bush Cabinet member and Clinton Secretary of State Madeleine K. Albright. In those cases, he said, his company worked as a subcontractor and billing was done by a larger contractor firm.

ICE investigated Reid's company under a 1986 federal law barring employers from knowingly hiring illegal immigrants. It provides for civil and criminal penalties against employers who do not examine workers' documents and keep completed I-9 forms.

In February, ICE agents singled out Reid's company, and they subpoenaed two years of payroll and I-9 records this summer, a U.S. official said. Reid was fined $2,750 for hiring violations and $20,130 for not completing paperwork.

His offenses included failing to ask for IDs from or fill out I-9 forms for several workers who turned out to be in the country illegally. Reid said he also did not verify the eligibility of people he knew were native-born U.S. citizens, including himself, his stepbrother, his sister and his sister's friend.

ICE policy states that companies are not randomly selected for scrutiny and that all investigations are based on tips or intelligence. ICE spokeswoman Kelly Nantel said Reid was targeted under a year-old initiative called Project Safe Harbor, in which field offices pursue employers in the service, agriculture and fast-food industries.

Nantel declined to say when the Chertoffs learned of the investigation. She likened the couple to restaurant or hotel customers who take the owner's word that its workers are legal.

Reid said he was referred to the Chertoffs in 2005 and worked mainly with the secretary's wife, Meryl J. Chertoff, an adjunct professor and director of the Sandra Day O'Connor Project on the State of the Judiciary at Georgetown Law School. Reid's calendar shows that the Chertoffs paid $185 per visit for his company to clean their suburban Maryland home.

Reid said he routinely asked workers to give personal information to Secret Service agents and assumed the workers were authorized because they were cleared.

Chertoff's situation appeared to be different from a case announced last week in which federal prosecutors arrested Lorraine Henderson, the Boston port director for U.S. Customs and Border Protection, another part of Chertoff's department, on charges that she repeatedly hired illegal immigrants to clean her condominium.

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2.
Amnesty a non-issue in Kennedy's absence?
By Chad Groening
The One News Now, December 11, 2008
http://www.onenewsnow.com/Politics/Default.aspx?id=349032

Senator Ted Kennedy (D-Massachusetts)An immigration reform organization is calling Massachusetts Senator Ted Kennedy's resignation from his post as chairman of the Judiciary Subcommittee on Immigration a positive development.

Since Barack Obama's election, border enforcement groups have pondered just how important the issue of amnesty will be to the new president. Then came the announcement from Ted Kennedy that he is stepping down from the important chairmanship of the Judiciary Subcommittee on Immigration, where for decades he has championed giving amnesty to millions of illegal aliens.

A recent report in The Hill quoted several sources that believe Kennedy's move has dealt a serious blow to those who want to pass an amnesty bill in the early stages of Obama's presidency. Steven Camarota, director of research at the Center for Immigration Studies, agrees.
Steve Camarota
"Not only was [Kennedy] enthusiastic and sincere, but he's also an experienced and effective lawmaker," he contends. "And so it's unlikely that whoever is his successor will be able to have the same kind of influence as Senator Kennedy."

Camarota is not sure if Kennedy's departure from the committee chairmanship is a sign that Democrats are going to leave the amnesty issue alone. "What it probably means is that if they do decide to move it on it, they'll be less effective because they won't have Kennedy as a leader," he adds. "And maybe they will be less likely to take it up in the first place because Senator Kennedy won't be there in the same position and the same way pushing it."

The primary reason Democrats would be unlikely to take up the amnesty issue, according to Camarota, is that it is unpopular with the American people and they would likely get complaints from constituents if they supported it.

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3.
Surprising Trend May Spark New Immigration Debate
My Fox (Philadelphia, PA), December 10, 2008
http://www.myfoxphilly.com/myfox/pages/News/Detail?contentId=8042223&ver...

Chester County, PA -- A fresh trend may spark a new debate on the immigration issue.

Is tough enforcement keeping illegal workers out of the country, or is it a tough economy?

Some towns in our area enacted their own laws, after they say the federal government didn't do enough.

But now a surprising trend is emerging that could make those laws obsolete. Fox 29's Claudia Gomez takes a look:

Many Americans would like to solve the problem of illegal immigration with more raids, more arrests and more deportations -- undocumented workers hauled away in handcuffs, flown back home against their will.

And while that happens every day in the United States, agents from Customs & Immigration Enforcement are getting some unexpected help.

And it's not from law enforcement.

"Honestly, no, I didn't expect to see this day when undocumented people were returning home to Mexico voluntarily," said mushroom farm worker Luis Tlaseca through an interpreter.

That's right, Latino immigrants are reversing a decade-old trend. Many are going home on their own. Last year, the number of immigrants sneaking across the U.S. border actually fell below the number of those here legally in this country. A big part of the reason behind it is the bad economy.

"According to one survey, 49 percent of Latino immigrants in this country for less than five years say they're thinking about returning home. The vast majority say it's becoming much harder to find a good-paying job. And many of them say they're earning less this year than last."

One undocumented worker told Fox 29 News there's little work right now. He lives with four other Mexicans in a small trailer. All of them are struggling to pay the bills.

He said his employer cut his hours. It's happening at mushroom farms across Chester County.

"Individuals have had their hours reduced to 20 hours a week, and that's just not enough to be able to survive," Tlaseca said. "In some companies, folks are getting laid off. In one mushroom company, we recently were informed that 25 people were just laid off."

Undocumented workers in the stalled construction business also got hit hard. And while it's impossible to know exactly how many Latinos are returning home voluntarily, researchers at the Pew Hispanic Center said the number of illegal immigrants has declined since last year.

"Immigration is very sensitive to economic cycles. And throughout American history, when the economy is tight, immigration has tended to fall off," University of Pennsylvania History Professor Michael Katz said.

To be sure, Immigration and Customs Enforcement, or ICE, as it's known, is partly responsible for the drop in illegal immigrants. Under the Bush Administration, ICE agents have stepped up efforts to target immigrant fugitives.

"Fugitives are aliens in the country illegally who have already had their day in immigration court and have been told they cannot stay here, and they have to leave. And they choose not to," said ICE spokesman Mark Medvesky.

ICE officials said arrests in the Philly region are up 23 percent this fiscal year over last. In New Jersey, they're up 25 percent.

One illegal immigrant said he is seeing more enforcement, as are immigration lawyers.

"It is very widespread nowadays. I'm telling you, these people are living in fear. Some of them don't know. 'Should I work? I have to work. But on the other hand, I'm afraid to go to work and then not coming back home,'" said immigration lawyer Nahid Wilf.

Still, every immigrant Fox 29 spoke with said the economy is taking the greater toll, by far.

Whatever the reasons behind the reverse migration, you might be tempted to think it's a welcome trend. But experts said there are consequences for an economy already badly hurting.

"Immigrants are essential to our local economy here in metro Philadelphia. Between 2000 and 2006, immigrants accounted for approximately 75 percent of job growth," Katz said.

"The economy runs with these people. If you don't have these people to work as hard as they do, what are we going to do?" added Wilf.

An undocumented worker said they do the most difficult jobs -- they're the ones who are helping to sustain the agriculture industry.

Penn's Katz said, "Without a healthy immigration to this region, we will not have a labor force."

Like so many Americans, these immigrants say they're hoping President-elect Barack Obama will fix the economy. They're also hoping Obama will tackle immigration reform.

One worker said he's here to work, nothing more.

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4.
Legislature looking at immigration options
By Cindy Gonzalez
The Omaha World Herald (NE), December 10, 2008
http://www.omaha.com/index.php?u_page=2798&u_sid=10511056

Nebraska lawmakers could choose a heavier-handed approach to illegal immigration by, say, tasking local police with enforcing federal rules.

They also could lean another way and direct more money toward integration efforts like English classes for foreigners.

Or they could create a special driver's license for illegal immigrants --- a move supporters say would make streets safer but critics believe would reward scofflaws.

All are expected to be possibilities discussed Friday during a hearing hosted in Lincoln by the Legislature's Judiciary Committee.

Committee members, who held roundtable talks in a half dozen Nebraska communities this year, are seeking public input on how the state should respond to illegal immigration, an issue typically considered to be the federal government's responsibility.

State Sen. Brad Ashford of Omaha, committee chairman, said he is convinced now, more than ever, that the state should intervene. As Congress continues to neglect its responsibility to update immigration laws, he said, taxpayers are demanding action from local officials.

He called the status quo unacceptable.

"We're complicit in creating an underclass," Ashford said. "It's not good in the long run for illegal immigrants nor is it good for people who have worked hard to become citizens."

The hearing is at 9 a.m. Friday at the State Capitol, Room 1524.

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5.
Area businessmen educated on SC's new immigration regulations
By Marti Covington
The Beaufort Gazette (SC), December 10, 2008
http://www.beaufortgazette.com/local/story/644937.html

Nearly 25 Beaufort County business owners, human resources staffers and contractors got a crash course Wednesday in a new state law that prevents businesses from knowingly hiring illegal immigrants and punishes those that do.

Facing growing concerns about the state's rising illegal immigrant population and its effect on businesses and jobs in South Carolina, Gov. Mark Sanford signed the S.C. Illegal Immigration and Reform Act into law in June.

The law already has a reputation as one of the toughest in the country, said Jim Knight of the state Department of Labor, Licensing and Regulation.

LLR staff have been traveling the state to educate residents about how to interpret and follow the new regulations.

"If you had a chance to examine it, I think you would agree it has tremendous consequences for those who fail to comply," said Knight, one of three speakers at the meeting.

Yasser Benadada of the U.S. Department of Homeland Security and Melissa Azallion, an attorney with the Nexsen Pruet Law Firm on Hilton Head Island, also gave presentations.

Highlights from Wednesday's seminar at the Technical College of the Lowcountry:

Question: What does the law say?

A: All employers in South Carolina must verify the legal status of new hires. That includes public- and private-sector businesses. If an employee is verified to be someone not legally in the country or authorized to work here, they must be let go.

Q: When does the law go into effect?

A: For public-sector businesses and agencies and state contractors with at least 500 employees, the law goes into effect Jan. 1. For state contractors with 100 to 499 employees and private employers with more than 100 employees, it goes into effect July 1. All businesses in South Carolina must start verifying by July 1, 2010.

Q: How can employers verify the status of a new hire?

A: All public-sector businesses and agencies will have to use E-Verify, a Web-based system run by the federal government. Employers put pertinent employee information into the system, including a name, social security number and birthdate. The system scans millions of records from the Social Security Administration and the Department of Homeland Security and tells the employer if the new hire is authorized to work or if their paperwork and documents need further review.

Private sector businesses also can use the E-Verify system, but it's not mandatory. Instead, they can choose to hire only employees who possess a valid South Carolina driver's license or ID card, who qualify for a state driver's license or ID card or who have a driver's license or ID card from another state with similarly strict requirements.

Q: What happens to employers who knowingly hire illegal workers?

A: They can be fined from $100 to $1,000, per violation.

For the first violation, a business will also lose its license for 10 to 30 days. For the second, the license is lost30 to 60 days. For the third violation, the license is revoked and a business owner can petition to get a provisional license after 90 days. For each subsequent violation, the business license is revoked and the owner can't seek its reinstatement for five years.

To get a license reinstated, a private employer must pay a fee of up to $1,000.

If the employer engages in business or hires a new employee while the license is suspended, the license is revoked and can't be reinstated for five years.

Q: Where can I get more information?

A: More about the law can be found at the Web site of the state's labor, licensing and regulation department: www.llronline.com/immigration.

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6.
ACLU of Md. probes local immigration actions
By David Dishneau
The Associated Press, December 10, 2008
http://www.wtop.com/?nid=25&sid=1545252

Hagerstown, MD (AP) -- The Maryland chapter of the American Civil Liberties Union said Wednesday it is investigating whether local immigration policies that have sparked protests in some areas are being applied fairly and constitutionally.

The Immigrants Rights Project could lead to lawsuits against jurisdictions where the ACLU concludes public officials have illegally discriminated against immigrant groups, said attorney Ajmel Quereshi, project leader.

Quereshi said the ACLU has sent to all 23 Maryland counties and Baltimore city requests for documents under the state's Public Information Act. The requests seek information about laws, executive orders, policies or procedures regarding treatment of documented or undocumented immigrants. The ACLU also may query cities and towns, depending on what the first batch of letters produces, he said.

Executive Director Susan Goering said in a written statement that "the ACLU believes that the U.S. immigration system is broken and it is the federal government's responsibility to fix it. That is why our project will fight against local government initiatives that threaten public safety by targeting immigrant communities for dragnet detentions and harassment."

She specifically cited Frederick County's participation in the federal 287(g) program, which allows local deputies to assist the Immigration and Customs Enforcement agency in processing illegal immigrants. The local NAACP and the Hispanic immigrants-rights group CASA de Maryland have alleged the program unfairly singles out Hispanics for police scrutiny, a charge that Frederick County Sheriff Charles Jenkins denies.

Jenkins said his deputies only ask the immigration status of people who have been arrested for other offenses. He said no one has complained of being profiled or discriminated against.

"These are basically baseless assertions," Jenkins said. He said that if other local jurisdictions took similar actions, "we could force the federal government to fix the problem."

The ACLU also pointed to Anne Arundel County, where local police joined federal agents in a raid on a painting business that employed undocumented workers. The county also has cracked down on county contractors that employ illegal immigrants.

Anne Arundel County Executive John R. Leopold said his administration encourages legal immigrants to become citizens but has no tolerance for businesses that hire undocumented workers for lower wages and benefits than legal residents.

"I think all levels of government should work collaboratively to enforce federal law," Leopold said.

Quereshi said public safety suffers when local police enforce federal immigration laws because such crackdowns discourage immigrants from calling police about property crimes and other neighborhood problems.

He said ACLU chapters in other East Coast states have begun similar projects but haven't publicized them. The ACLU has learned of "informal" law-enforcement policies elsewhere targeting undocumented immigrants who seek services at hospitals or food banks, Quereshi said.

"We want to discover whether those are going on in Maryland," Quereshi said.

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7.
Resident wants city to fight illegal immigration
By María Villaseñor
The Salt Lake Tribune (UT), December 10, 2008
http://www.sltrib.com/news/ci_11189550

Expecting the Utah Legislature to delay enforcing SB 81, the state's new immigration law, West Valley City resident Adam Leffler hoped his city leaders would pass its own law.

He and resident Karen Barton asked the City Council at Tuesday's meeting to consider an ordinance requiring all businesses to sign an affidavit confirming each employee's legal status to work.

"Everybody passes the buck," Barton said of city leaders calling immigration a state issue and state officials saying it's federal. "We've been invaded. I want to say, 'You know what? You're not welcome here.'?"

But the immigration problem is complex and beyond the city's reach, said some council members. One councilman countered that a few local governments are creating immigration rules.

The council looked over Leffler's proposal, but didn't recommend it to receive a staff review, which effectively terminates the measure.

Now, Leffler is seeking his own way to spur the state into action. And of the city: "Appalling," he said.

Leffler was a 2005 candidate for West Valley City mayor, but said he has no pending campaign plans.

Leffler said his proposal -- for the city to revoke business licenses to employers with undocumented workers -- is feasible for West Valley City. Plus, it would address illegal immigration without asking the city to deport anyone.

"We're talking about basically disincentivizing them from being here because there's no economic benefit to being here because they are illegal," Leffler said, adding his proposal does not target one ethnicity, but rather anyone here illegally.

Mayor Dennis Nordfelt defended his decision Wednesday. He said immigration is best handled nationally, or, at the most local level, by the state.

"You can't have immigration laws in one city," and different rules in bordering cities, he said. "They've got to be consistent at least throughout the state."

Leffler has created www.saveutah.net to give Utahns a chance to voice their opinions, as well as supply figures on the cost of public services spent on undocumented immigrants.

Those numbers are hard to find, but Leffler hopes the Web site will let people submit amounts relating costs associated with illegal immigration.

"I'm hoping that enough verifiable facts will come that we don't have to rely on innuendo and accusations," Leffler said.

Armed with that information, he wants the Legislature to enforce SB 81, scheduled to take effect July 2009.

Two proposals tied

Earlier this week, Adam Leffler proposed the West Valley City Council consider two new rules: one requiring employers verify the legal status of all workers and another to outlaw food carts not attached to a restaurant. A few months ago, the city tightened its rules for food stands in the city -- nearly all of which sell tacos; one sells hot dogs.

"These ordinances could support each other," Leffler said at Tuesday's meeting.

Later he said the two rules are connected because food carts vendors would also be required to check the citizenship of workers.

He's started a Web site: www.saveutah.net