USA Green Card Immigration Blog

High court backs Arizona immigration law that punishes businesses – CNN.com.

Washington (CNN) — The Supreme Court has backed an Arizona law that punishes businesses hiring illegal immigrants, a law that opponents, including the Obama administration, say steps on traditional federal oversight over immigration matters.

The 5-3 ruling Thursday is a victory for supporters of immigration reform on the state level.

It was the first high court challenge to a variety of recent state laws cracking down on illegal immigrants, an issue that has become a political lightning rod.

The outcome could serve as a judicial warmup for a separate high-profile challenge to a more controversial Arizona immigration reform law working its way through lower courts. That statute would, among other things, give local police a greater role in arresting suspected illegal immigrants.

The hiring case turned on whether state law tramples on federal authority.

“Arizona has taken the route least likely to cause tension with federal law,” wrote Chief Justice John Roberts. “It relies solely on the federal government’s own determination of who is an unauthorized alien, and it requires Arizona employers to use the federal government’s own system for checking employee status.”

Arizona passed the Legal Arizona Workers Act in 2007, allowing the state to suspend the licenses of businesses that “intentionally or knowingly” violate work-eligibility verification requirements. Companies would be required under that law to use E-Verify, a federal database to check the documentation of current and prospective employees. That database had been created by Congress as a voluntary, discretionary resource.

The U.S. Chamber of Commerce filed a lawsuit against the state, arguing that federal law prohibits Arizona and other states from making E-Verify use mandatory. The group was supported by a variety of civil rights and immigration rights groups. The state countered that its broad licensing authority gives it the right to monitor businesses within its jurisdiction.

The Obama administration recommended a judicial review and sided with businesses and civil rights groups.

A 1986 federal act significantly limited state power to separately regulate the hiring and employment of “unauthorized” workers. An exception was made for local “licensing and similar laws.” Under the law, employees are required to review documentation to confirm someone’s right to work in the United States, including checking the familiar I-9 immigration form. Civil and criminal penalties were strengthened, but businesses making a “good faith” effort to comply with I-9 procedures were generally immune from prosecution.

Roberts, backed by his four conservative colleagues, said, “Arizona went the extra mile in ensuring that its law tracks (the federal law’s) provisions in all material aspects.”

In dissent, Justice Sonia Sotomayor noted E-Verify is a voluntary program and said criticism that the federal government is not doing enough to enforce the law is irrelevant.

“Permitting states to make use of E-Verify mandatory improperly puts states in the position of making decisions … that directly affect expenditure and depletion of federal resources,” she wrote. Justices Stephen Breyer and Ruth Bader Ginsburg also dissented.

Justice Elena Kagan did not participate in the case, since she had been the administration’s solicitor general last year when the case was being appealed to the high court.

Gov. Jan Brewer had backed the law, saying in December when the case was argued, “The bottom line is that we believe that if the (federal) government isn’t going to do the job, then Arizona is going to do the job. We are faced with a crisis.”

This case could serve as a bellwether to how the court will view a larger, more controversial state immigration law from Arizona. Much of that statute was tossed out by a federal judge in August and is pending at a federal appeals court. It would, among other things, give police authority to check a person’s immigration status if officers have a “reasonable suspicion” that the individual is in the country illegally.

The hiring case is Chamber of Commerce v. Whiting (09-115).

Computer glitch voids green card lottery results – This Just In – CNN.com Blogs.

Obama playing games with immigration – CNN.com.

San Diego, California (CNN) — In August 2005, as part of a public arts project, David Smith — aka “The Human Cannonball” — was fired out of a cannon across the border from Tijuana, Mexico, to San Diego. He was caught in a net 150 feet from the border, and he had his passport in hand just in case he had to show it to the U.S. Border Patrol.

For several years, that was considered the best show ever to visit the border. Not anymore.

This week, President Obama — who has already declared that he is running for re-election — kicked off his 2012 Latino outreach effort by traveling to the U.S.-Mexico border at El Paso, Texas, and delivering a speech on immigration.

This wasn’t easy. Finding the border can be tricky when it is your first visit in the 26 months since becoming president.

Besides, immigration isn’t Obama’s favorite topic. You remember that subject in high school that you hated, because, well, you had no interest in it and so you weren’t good at it?

For Barack Obama, that subject is immigration. He’s terrible at it. He doesn’t seem to understand it. And he doesn’t appear to care about it. So he settles for using it as a political tool.

There is a sizable community of immigrants — legal and illegal — in Illinois. Yet, during his stint in the state Senate, Obama demonstrated little interest in the issue and proposed no bills specifically aimed at immigrants.

When Obama ascended to the U.S. Senate, he voted for a so-called “poison pill” amendment to a comprehensive immigration reform bill that would “sunset” a proposed guest worker program after five years. All of this was to please organized labor, but it doomed the compromise.

After becoming president, Obama broke his promise to Latino voters to make immigration reform a top priority and address it early in his administration. Then he added injury to insult by racking up a record number of deportations — nearly 800,000 in his first two years in office. The Department of Homeland Security deports about 1,000 people a day.

We know this because, in a futile attempt to convince Obama’s critics that he’s tough on border security, DHS Secretary Janet Napolitano brags about those figures in speeches and before Congress like a proud fisherman posing for a photo while holding the catch of the day.

And how do you get to the point where you’re deporting more illegal immigrants than any U.S. president since Dwight D. Eisenhower launched “Operation Wetback” in 1954? You use local police as a force multiplier, letting municipalities enforce immigration law and deliver to you the apprehended immigrants — while you’re suing the state of Arizona for doing the same thing.

All of which brings us to that speech on the border. This would have been a good opportunity to apologize for his administration’s excesses, and maybe announce a new policy that — while still tough — is fairer and more humane.

But that’s not Obama’s style. He approaches a speech like this as an opportunity to make himself look good and his opponents look bad. Some of the content was terrific; some was farcical. Overall, the president’s speech was menudo (Mexican stew). It had a little of everything mixed in.

On the positive side, you had uplifting stories like that of Dr. Jose Hernandez, the son of immigrant farm workers, who grew up picking vegetables in Central California and became an astronaut. There was common sense about how idiotic it is for our country to educate foreign students, then send them home because we make it so difficult for them to stay. There was the heartwarming assurance that people could be proud of their heritage and still love the United States of America.

But, on the negative side, this was a political speech. And so it was full of deceptions and half-truths, finger-pointing and the ducking of responsibility.

We learned that it was Republicans who demanded the building of border fencing. (True, but Obama left out the part about how he voted for it in the Senate.)

We learned that, while in the Senate, Obama helped forge “a bipartisan coalition” to advance immigration reform. (Actually, Obama undermined that coalition when he helped torpedo immigration reform.)

We learned that Republicans killed the DREAM Act. (They didn’t. Five Senate Democrats did — Jon Tester, Max Baucus, Mark Pryor, Kay Hagan, and Ben Nelson — when they bolted from party leaders and voted against cloture.)

We learned that the administration focuses on deporting “criminal aliens.” (It’s true that — through initiatives like Secure Communities, a cooperative agreement between local law enforcement and federal immigration officials — the number of criminal aliens being deported is way up from the previous administration. But even so, according to Immigration and Customs Enforcement, the total number of criminal aliens apprehended is less than 200,000. That still leaves hundreds of thousands of “noncriminal” deportations. In fact, Obama admitted in his remarks that those subject to removal include “families that are just trying to earn a living or bright, eager students or decent people with the best of intentions.”)

And finally, we learned that Obama thinks the United States shouldn’t be “in the business of separating families.” (Guess what? That is exactly the business we’re in. The Obama administration, for purely political reasons, separates hundreds of families every day.)

Are we done now? Enough gamesmanship, Mr. President. How about some leadership? You’ve shown you can get out in front of issues you care about. Try caring more about this one.

President Obama went to the border this week to share his usual campaign message of hope and change. He wound up spreading fertilizer.

Obama Pressures GOP on Immigration – WSJ.com.

EL PASO, Texas—President Barack Obama on Tuesday tried a new tack on immigration, saying that beefed-up security along the U.S.-Mexico border has proved effective enough that it should draw Republican support for an overhaul of the nation’s naturalization system.

Mr. Obama said his administration had met the concerns of Republicans by increasing law-enforcement manpower to record levels and installing new surveillance technology and fencing.

“We have strengthened border security beyond what many believed was possible,” he said at the Chamizal National Memorial, as a giant Mexican flag waved across the Rio Grande river.

The president cited several statistics to back up his assertion of tightened borders, including a nearly 40% decrease in arrests at the border, to about 463,000 in 2010. The administration says that is a sign that fewer people are attempting to illegally cross from Mexico.

Mr. Obama didn’t mention that deportations hit record levels last year—a trend that has drawn fire from some Hispanic advocates.

The speech was aimed in part at reassuring voters who are worried about border security, and in part at renewing support among Hispanic voters he needs to boost his re-election campaign, particularly in Rocky Mountain states.

He offered no new policy proposals Tuesday, and set no timetable for legislation. Instead, he called for those who support his proposals to build pressure for congressional action from outside Washington.

The president said the new border-control measures will prevent another wave of illegal immigrants from flowing into the country if those already here are allowed to stay.

Some prominent unions including the AFL-CIO have opposed immigration legislation in the past, concerned that new arrivals would pose competition for their members. Senators trying to craft an overhaul have said one of the obstacles has been coming up with a guest-worker program unions and business can support.

Mr. Obama’s legislative goals haven’t changed since he spoke on immigration last summer, including a path to citizenship for the 10.8 million people already in the U.S. illegally, a program many Republicans oppose as a reward for lawbreaking. Mr. Obama also supports a guest-worker program and making it easier for foreign students educated in the U.S. to stay.

There is virtually no GOP support in Congress for the legislation Mr. Obama wants, though some Republicans have embraced these ideas in the past.

Mr. Obama predicted that no matter what he does, some Republican foes of his approach will demand more. “Maybe they’ll need a moat,” he said. “Maybe they’ll want alligators in the moat.”

Arizona Republican Sens. John McCain and Jon Kyl have crafted a $4 billion, 10-point plan that calls for double fencing where there is now single fencing and another 5,000 Border Patrol agents, on top of the 20,700 now in place.

“We hear from our constituents on a daily basis, and, while some progress has been made in some areas, they do not believe the border is secure,” Messrs. McCain and Kyl said in a statement Tuesday.

They also pointed to a Government Accountability Office report that found the U.S. has “operational control” of 44% of the Southwest border with Mexico, meaning it has the ability to detect, respond and interdict illegal activity.The administration says that isn’t a good measure and officials are working on a better one.

Republicans face pressure within their party to keep the focus on tougher immigration enforcement. But some GOP leaders say the party also needs to improve its standing with Hispanics, the fastest-growing voter group in the U.S.

But the president faces skepticism even from supporters heading into this latest push.

“The moment to use pressure is gone. You missed it. The train left the station,” said Rep. Luis Gutierrez (D., Ill.). “I want to be honest with my constituents and with the American people. I don’t want to rev them up for something that doesn’t have any possibilities of success.”

Obama renews call for immigration reform – CNN.com.

Washington (CNN) — President Barack Obama renewed his call for comprehensive immigration reform Tuesday, citing America’s legacy as a nation of immigrants and calling the need to find a solution for the millions of undocumented workers critical to the country’s common future.

“We define ourselves as a nation of immigrants — a nation that welcomes those willing to embrace America’s precepts,” Obama said during a visit to El Paso, Texas.

“It doesn’t matter where you come from. What matters is that you believe in the ideals on which we were founded, that you believe all of us are equal. …. In embracing America, you can become American. That is what makes this country great.”

The president’s remarks were part of an administration attempt to seize the initiative on a hot-button issue that has largely been ceded to state government leaders in recent months.

The speech took place against a backdrop of intense political maneuvering on the part of both Democrats and Republicans seeking to use the issue to their own advantage in the 2012 election campaign.

Obama has held a series of meetings with key Latino officials and reform advocates in recent weeks. Despite an aggressive push for substantive policy changes from his political base, the president indicated he has ruled out acting on his own to implement provisions of a reform bill that failed to win congressional approval last year.

At the same time, however, the president also signaled a shift in federal priorities. While continuing to highlight tougher border enforcement measures to national audiences, Obama noted during a recent Univision appearance that he has “redesigned our enforcement practices under the law to make sure that we’re focusing primarily on criminals.”

The deportation of non-criminals is declining “because we want to focus our resources on those folks who are destructive to the community,” he said.

A number of states — most notably Arizona — are moving in the opposite direction, pushing legislation making it easier to deport people solely for being in the country illegally.

Broad immigration reform “remains a priority” for the administration, White House Press Secretary Jay Carney said Monday. There has been bipartisan support for reform in the past, he noted, and “we think we can build support for it again in the future.”

The issue requires “focus,” “education,” and “persistence,” Carney said. “The sooner it gets done, the better for the country.”

El Paso Mayor John Cook told CNN he hopes to see a stronger push for more agents at border crossing points.

Obama has “already done a lot of work” to put “additional boots on the ground” along the border, Cook said Tuesday. But the number of customs agents near El Paso has remained the same since 2005 while the overall volume of trade with Mexico has risen substantially, he noted.

In terms of more extensive immigration reform, Cook said there “doesn’t have to be a pathway to citizenship” for undocumented immigrants. There should, however, be at least “a pathway to legalization.”

Let’s “get these folks — (roughly) 12 million people — out of the shadows,” he said. “Get them to come out and have their place in the United States be legal.”

Republican leaders have indicated an unwillingness to consider broader changes — including a path to citizenship for undocumented immigrants — until the Mexican border is brought under tighter control.

Conservative frustration has boiled over in recent months in the form of a rash of state-level proposals to apprehend and deport illegal immigrants. Key parts of an Arizona law requiring police officers to check a person’s immigration status while enforcing other statutes were recently blocked by the federal courts.

The Justice Department sued Arizona, arguing that only the federal government has the authority to dictate immigration policy. Federal district and appellate judges have blocked that provision of the law, and the state asked the U.S. Supreme Court to take the case Monday.

Progressive reform advocates, meanwhile, have been frustrated by Congress’s inability to pass the DREAM Act, which would offer legal standing to immigrants who entered the United States illegally as children under the age of 16 and have lived in the country for at least five years.

Obama said Tuesday he would keep pushing for passage of the measure.

The bill would require, among other things, a high school or General Education Development diploma, two years of college or military service, and criminal background checks.

Advocates say the bill would give legal standing to young people brought to the United States by their parents who have bettered themselves and served their new country.

One Latino advocacy group — Presente.org — released a statement Tuesday blasting Obama for failing to issue an executive order stopping the deportation of young undocumented immigrants until legislation such as the DREAM Act is passed.

“All we have heard from President Obama are empty speeches,” the statement said.

Republican opponents equate the measure to amnesty, and have said it would signal to the world that the United States is not serious about enforcing its laws or its borders. They have also called the bill unfair to immigrants who, in many cases, waited years to come to the country legally.

“The president will have to present a plan that takes amnesty off the table and focuses, instead, on making a real commitment to border and interior security,” Senate Minority Leader Mitch McConnell, R-Kentucky, said Tuesday morning.

“If the president does these two things, he will find strong bipartisan support. If he doesn’t, he won’t.”

The DREAM Act was defeated by a Republican filibuster in the Senate last December after winning passage in the House of Representatives. Most analysts believe it has little chance of clearing the GOP-controlled House now.

Regardless, the immigration issue remains politically potent. Obama won several Western states in 2008 — including Colorado, New Mexico, and Nevada — partly on the rising power of the Latino vote. Democrats believe Hispanic voters might put traditionally Republican Arizona in play next year.

In the long run, Democrats are also hoping to use their advantage among Hispanics to make inroads in core GOP states such as Texas.

Obama won over two-thirds of the nationwide Hispanic vote in 2008. His approval rating among Hispanics hovered around 68 percent during the first three months of this year, according to the most recent CNN/Opinion Research Corporation polls.

For their part, Republicans have depended on the immigration issue in the past to fire up conservative voters. Some analysts also believe that if Democrats push too hard, too fast on immigration, particularly in tough economic times, it could push swing voters toward the GOP.