1. PA upstart threatens incumbent
2. CA suit challenges tuition
3. Many SF juveniles actually adults
4. LAPD to discipline, fire officers
5. VA Republicans to hold rally
6. ACLU criticizes RI program
7. Ex- official pleads guilty
8. Congressman's son arrested

1.
Immigration in the hot seat
By Will Bunch
The Philadelphia Daily, September 17, 2008

How powerful is the immigration issue with voters in Northeast Pennsylvania?

Just ask Democratic U.S. Rep. Paul Kanjorski, who is an 11-term incumbent in the congressional district centered on Scranton-Wilkes Barre and who is now in serious jeopardy of losing his seat to an anti-immigration upstart.

A new Franklin & Marshall poll shows that Lou Barletta, the Republican mayor of Hazleton, has opened a sizable nine-point lead on Kanjorski, even though the economically depressed district is leaning toward Democrat Barack Obama in a year when few Democrats in Congress are seen as in jeopardy.

But the new survey offers ample evidence that Barletta's outspoken views on illegal immigration are putting the GOP candidate, who ran against Kanjorski in 2002 and lost, on the brink of an upset. The mayor pushed a controversial city law punishing landlords who rent to undocumented workers that was struck down by a federal judge and is now being appealed.

The Franklin & Marshall survey of 547 registered voters in the 11th Congressional District found Barletta at 44 percent to 35 percent for Kanjorski, with a large number (21 percent) still undecided. And 17 percent of the voters in the heavily blue-collar district say that immigration is their most important issue in the election, with an overwhelming number of them backing Barletta.
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http://www.philly.com/dailynews/local/20080917_Immigration_in_the_hot_se...

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2.
In California, Uncertainty on Immigrant Student Tuition
By Elizabeth Redden
Inside Higher Education, September 17, 2008

In reinstating a lawsuit challenging tuition policy Monday, a California appeals court unanimously found that a state statute extending lower in-state tuition rates to illegal immigrants conflicts with federal law and “thwarts the will of Congress.”

California is one of 10 states that makes undocumented students eligible for in-state tuition rates. In California’s case, students can be exempt from paying nonresident rates if they graduated from and attended a California high school for three or more years and, in the case of undocumented students, if they file an affidavit stating intent to legalize their status if they become eligible to do so.

On a federal level, the U.S. Court of Appeals for the Tenth Circuit dismissed a challenge to a similar law in Kansas in 2007 because the plaintiffs were found to lack standing.

In the appeal court’s ruling in Martinez v. Regents of the University of California, which had earlier been dismissed by a trial court, the panel of three judges defined the central question at hand as whether the state’s authorization of in-state tuition rates for illegal immigrants violates federal law, which maintains: “Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.”

The defendants — spanning all three of California’s public university and college systems — held that the state statute does not conflict with federal law because (1) in-state tuition is not a “benefit,” as it’s defined under federal law, and because (2) rather than being extended “on the basis of residence within a state,” lower tuition rates for illegal immigrants are conditioned on California high school attendance and graduation.

The appellate court rejected the colleges’ arguments on both counts, finding, on the first point, that significantly cheaper in-state tuition is in fact a “benefit.” Furthermore, the judges write, “the three-year attendance requirement at a California high school is a surrogate residence requirement.”

The section of California’s education code at issue here “falls within the principle of implied preemption in that it stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress,” the appeals court found. The judges returned the case for consideration at the lower trial court level.
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http://www.insidehighered.com/news/2008/09/17/tuition

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3.
30% of S.F. juvenile offenders actually adults
By Jaxon Van Derbeken
The San Francisco Chronicle, September 17, 2008

San Francisco -- Nearly 30 percent of the felony offenders San Francisco juvenile justice officials have reported to federal immigration authorities since the city stopped shielding youths from deportation have turned out to be adults, authorities say.

The city's Juvenile Probation Department has referred 58 offenders to federal authorities since Mayor Gavin Newsom announced July 2 that the city no longer would protect youths from deportation under San Francisco's sanctuary law. The mayor took the step after The Chronicle revealed that the city was paying for flights home and $7,000-a-month group homes for underage, undocumented offenders, who as adults could face prison and automatic deportation.

Of those 58 offenders, authorities have concluded that 17 - or 29.3 percent - were adults, based on immigration records and the statements of offenders themselves, federal immigration officials say. Most of the 58 were being held on drug-dealing charges.

"It confirms our early suspicion that adults were taking advantage of the sanctuary policy in order to evade detection, responsibility and prosecution for criminal behavior," said Joseph Russoniello, the U.S. attorney for Northern California.

Russoniello said adult illegal immigrants convicted of felonies face almost certain deportation, but San Francisco's previous policy of not reporting juveniles who had committed similar offenses to federal officials encouraged offenders to "game the system" and say they were underage.

Advocates denounce change

Advocates for the immigrant youths say that just because some offenders turn out to be adults does not mean the city should report all juvenile immigrant offenders to the federal Immigration and Customs Enforcement agency.
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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/17/MNQK12R47M.DTL

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4.
Chief seeks to fire 4 officers for LA rally clash
By Thomas Watkins
The Associated Press, September 17, 2008

Los Angeles (AP) -- Eleven police officers will be disciplined and four others could be fired for their actions at a May Day immigration rally last year in which police beat peaceful demonstrators and shot them with rubber bullets, officials announced Tuesday.

The punishments mark one of the final steps in a massive investigation launched in response to widespread criticisms that police used excessive force and violated civil rights.

"It was a phenomenal black eye for the Los Angeles Police Department on that day," Police Chief William Bratton told the Police Commission, the five-member civilian board that oversees his department.

Bratton told the panel of his plans to reprimand 11 officers and he recommended the firing of four others. A so-called Board of Rights, consisting of two high-ranking police officers and one civilian, will decide whether to fire them.

Such hearings can take months to organize and can last up to several weeks, depending on the severity and complexity of the case, police spokesman Lt. John Romero said.

In addition, three officers are to receive official reprimands and eight officers will be suspended without pay for up to 10 days.

The rally on May 1, 2007, in MacArthur Park near downtown ended after a small number of agitators outside the park threw projectiles. Officers responded by declaring the gathering unlawful. To clear the area, police formed a skirmish line and swept through the park, in the process opening fire with beanbag rounds and striking and jabbing many peaceful rallygoers and journalists with batons.
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http://www.examiner.com/a-1591201~Chief_seeks_to_fire_4_officers_for_LA_...

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5.
GOP Rally Reaches Out To Minorities
By Amy Gardner
The Washington Post, September 17, 2008; B01

Northern Virginia Republicans, realizing they need to improve their appeal among the region's large ethnic population, will stage a "unity" rally Saturday that they say will draw 1,000 people.

Organizers said the annual rally, which has grown in recent years, is particularly significant this year because ethnic minorities represent an increasingly powerful voting bloc that will help decide which presidential candidate, Sen. Barack Obama or Sen. John McCain, wins the state Nov. 4.

But Democrats say the rally does not signify a surge in immigrant support for Republicans, and even GOP organizers acknowledged that evidence of a broader coalition of ethnic Republicans is slim.

"We confront a perception problem, which we have to fight every day -- that the Republican Party is not for working people or immigrants," said Jim Hyland, a rally organizer and chairman of the Fairfax County Republican Committee. "The only way that we can battle that is to take the fight directly to the people in these communities, spread the word that the Republican Party represents more of their views than the Democratic Party."

Hyland said he expects as many as 1,000 supporters to turn out for the event at Edison High School, where former senator George Allen and Reps. Tom Davis and Frank R. Wolf are expected to speak. Former Virginia governor James S. Gilmore III is planning to attend, as is a widely known surrogate from McCain's campaign, organizers said.

Republicans have boosted their efforts to reach out to immigrant communities that traditionally have voted Democratic. To bolster participation at the rally, they are targeting Korean, Arab, Chinese, Taiwanese and Latin American communities across the county through phone banks and door-to-door visits.

County Republicans also have translated McCain's education policies into Korean and Spanish, and workers will distribute the information at the rally. They are also operating Korean-language phone banks to invite voters to the rally. And to appeal to small-business owners in immigrant communities, organizers are talking about low taxes, less regulation and encouragement of entrepreneurialism. They are also rallying around family values and social conservatism in the hope that those issues will connect with voters.

"We all have our own little enclaves, small enclaves, and no unified voice," said Ken Feng, 59, a Chinese American from Herndon who is active in Republican politics and focusing on Chinese turnout for the rally. "We are trying to gather all the ethnic groups together so we can have a unified voice for our candidates."

Two events last week had sparse turnout, offering little evidence that the voice is growing stronger. To announce the weekend rally, county Republicans held a news briefing at which organizers representing seven ethnic groups explained their efforts to boost minority turnout. But all were steadfast Republican volunteers -- not examples of newly minted Republican voters.
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http://www.washingtonpost.com/wp-dyn/content/article/2008/09/16/AR200809...

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6.
ACLU: Allow jailed immigrants to see counsel
By Karen Lee Ziner
The Providence Journal, September 17, 2008

Providence -- Expressing concerns over how state corrections authorities will implement a federal rapid deportation program, the Rhode Island Affiliate of the American Civil Liberties Union is requesting that inmates “at minimum” be allowed access to immigration counsel before deciding to participate.

Governor Carcieri announced last week that, in accordance with his March executive order on illegal immigration, the state and U.S. Immigration and Customs Enforcement had signed an agreement for a “Rapid REPAT program.” The program allows early release for some illegal immigrants serving time for nonviolent crimes and who are facing final deportation orders.

An inmate in those circumstances who agrees to go back to his or her home country gets released early, and the state consequently saves money on the prisoner’s supervision. But if the parolee then returns illegally to the United States, he or she could face another 20 years in prison.

One of the ACLU’s main concerns is that there may not be sufficient safeguards to ensure an inmate “has freely and voluntarily waived all administrative appellate rights” before signing on the dotted line. And if not, the inmate may forego pressing valid legal grounds for remaining in the country.

“This is a crucial aspect of the program, but one that we fear — in particular light of language barriers and the complexities surrounding immigration law” — may not occur, said ACLU executive director Steven Brown in a letter to Ashbel T. Wall, director of the state Department of Corrections.

Brown also said that “despite repeated comments from the governor,” the program “is not limited to so-called ‘illegal’ immigrants,” but also applies to lawful permanent residents and other non-citizens of lawful status “who face deportation solely due to their conviction for a non-violent crime.”

Wall said his department is now reviewing the ACLU’s concerns.

“I have asked our lawyers to look at it, and also to review the federal statutes that are mentioned so we can understand the context of the letter,” said Wall. “Once they’ve completed that review, we’ll be discussing any issues that the letter raises with ICE officials so that we can be sure that we have a process that passes constitutional muster.”

Wall said the corrections department will rely on Immigration and Customs Enforcement “to know who is subject to deportation and what the status of the case is.” He added, “Our understanding is that the paperwork that would be provided to the inmate and signed off by the inmate is developed by ICE.”

He added, “We have a Memorandum of Understanding, and now we’ll be writing the rules and procedures so that the corrections department, the parole board and ICE can put together a plan and put it into effect. I don’t expect it will take a long time, but we want to proceed deliberately.”
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http://www.taft.cc.ca.us/newTC/Academic/LiberalArts/OWL/CAPITALS.HTML

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7.
Ex-immigration official pleads to corruption
By Ben Leubsdorg
The Associated Press, September 16, 2008

Detroit (AP) -- A former federal official accused of accepting bribes to release illegal immigrants pleaded guilty Tuesday to corruption charges.

Roy M. Bailey pleaded guilty to conspiracy to commit bribery, conspiracy to defraud the United States and failing to report a felony. Under the plea agreement, Bailey faces up to 37 months in prison and a $75,000 fine when he is sentenced Nov. 21.

Bailey, who was placed on leave in 2004 and later retired, oversaw the custody of illegal immigrants as acting director for detention and removal operations in the Detroit office of U.S. Immigration and Customs Enforcement.

Bailey was indicted last year. Prosecutors accused him of accepting money and gifts in exchange for releasing immigrants awaiting deportation. Prosecutors said one person Bailey illegally released, Bashar J. Faraj, was later convicted of murder.

"It is unacceptable for any public official to use his authority to enrich himself," Terrence Berg, acting U.S. attorney for the Eastern District of Michigan, said in a statement.

Defense attorney Michael Starr did not respond to a message seeking comment.
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http://ap.google.com/article/ALeqM5hHUmSpnBKakNhzKG9Mq2sTWFM_8AD9383E2G1

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8.
Son of U.S. rep. accused of smuggling people
The Associated Press, September 17, 2008

The son of U.S. Rep. Allen Boyd of Florida is facing human-smuggling charges after being arrested near Willcox.

The Democratic congressman, who is seeking a seventh term in November, said Tuesday that his 30-year-old son, John Boyd, was arrested Sunday.

In a statement from his office, Rep. Boyd said his son is a grown man and must face the consequences of his actions, but he has the support of the family.

John Boyd was driving a Ford pickup truck near Willcox on Sunday when he stopped at a Border Patrol checkpoint, according to a criminal complaint.

A Border Patrol dog was alerted to the possible presence of illegal immigrants, and an agent saw a person hiding under a piece of plywood in the bed of the truck, the complaint said.
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http://www.azstarnet.com/metro/257980