Showing posts with label illegal immigrant. Show all posts
Showing posts with label illegal immigrant. Show all posts

Tuesday, August 12, 2008

Bail Fund Drive Begins

Some illegal immigrants arrested in workplace raids by federal agents will now have a resource to help them post bond and have a day in court.

The National Immigrant Bond Fund will launch a fundraising campaign and make its national debut during a news conference at Casa de Maryland in Silver Spring on Monday. The immigrant advocacy group helped workers seized in a recent federal raid in Annapolis access the bond fund, which was formalized about three months ago.

Here's how the fund works: Illegal immigrants arrested in raids who do not have any outstanding criminal violations can apply for financial assistance. Churches, legal organizations or groups such as Casa help facilitate their requests. The fund provides half the bail money and immigrants must pony up the rest.

"The chance of somebody in essence absconding is by and large eliminated because they have their money invested in their freedom as well," said Ali Noorani, executive director of the National Immigration Forum in Washington and a member of the fund's committee.

The fund aims to ensure that immigrants have access to the court system. Advocates say immigrants are too often sent directly into deportation proceedings without an opportunity to argue their case. They say the fund is also a way to build public opposition to raids, keep families together and bring another voice into the debate for immigration reform.

Financial oversight of the fund is handled by Public Interest Projects, a New York-based nonprofit.

The fund grew out of a series of efforts by 57-year-old Boston financier Bob Hildreth, owner of International Bank Services Inc., which buys and sells loans worldwide.

Hildreth said he gave $130,000 last year to help detainees post bond after a raid at a New Bedford, Mass., factory by the U.S. Immigration and Customs Enforcement agency. The detainees' families pitched in $100,000.

Hildreth contributed hundreds of thousands of dollars more this year after following workplace raids, including one on June 30 at Annapolis Painting Services company, where federal officials arrested 45 employees on administrative immigration violations.

The financier studied Spanish in Mexico as a college student, and over the decades he has contributed millions to establish education and citizenship programs for immigrants in Massachusetts, among other initiatives.

Through the bond fund, Hildreth said he wants to reach out to those who support humanitarian and immigration rights and who believe, like him, that immigrants have long contributed to America's economic health.

"As long as these raids occur, we will respond," he said.


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Tuesday, April 08, 2008

Arizona Tightens Policies On Illegal Immigrants

As it has become the favorite entry point for undocumented migrants trying to sneak into the United States, Arizona has become a laboratory for whether a state can single-handedly combat illegal immigration.

In recent years it has barred illegal immigrants from receiving government services, from winning punitive damages in lawsuits and from posting bail for serious crimes. A new state law shuts down businesses that hire illegal workers. And the sheriff of Maricopa County, which includes Phoenix and three-fifths of the state's population, dispatches his deputies and volunteer "posses" to search for illegal street vendors or immigrants being smuggled through the county.

"What I love about what Arizona is doing is we don't have to rely on the federal government," said state Rep. Russell Pearce, a Mesa Republican who has authored most of the toughest measures. "It has truly woken up the rest of America that states can fix that problem."

The campaign has had an effect: Illegal immigrants complain it's impossible to find good work and are leaving the state.

It has also taken a toll on some U.S. citizens.

Juan Carlos Ochoa, a naturalized U.S. citizen who lives in an upper-middle-class subdivision near Phoenix named Laguna Hills, can't find a job because a government database classifies him as a possible illegal immigrant. Pauline Muñoz, a 39-year-old mother of six who was born in Phoenix, has been afraid to leave her apartment since being held by sheriff's deputies for 15 hours for a driving infraction -- an example of what she believes is racial profiling.

And businesses that cater to immigrants both legal and illegal report a huge drop in sales, increasing the drag on the state's already troubled economy.

"There used to be so many people they would fight for parking out there," said Omar Flores, 31, manager of La Mexicana market in western Phoenix. Now the grocery store is mostly empty.

Economist Dawn McLaren of Arizona State University said that part of what's pushing immigrants out is the collapse of the state's housing-based economy. In the construction sector, which employs many immigrants, 10% of jobs have vanished over the last year as home prices have plunged.

The economic woes are magnified by the employer sanctions law, which has led some businesses to say they won't expand in Arizona, McLaren said. "It exacerbates the downturn," she said.

No one knows how many immigrants have left the state, and the most recent government figures show Arizona growing robustly -- as of July, Maricopa was the fastest-growing county in the nation.

But enough immigrants have left that the government of Sonora, the Mexican state bordering Arizona, has complained about how many people have arrived on its doorstep.

Pearce says the overall effect has been undeniably positive for Arizona. "Smaller class sizes, shorter emergency room waits," he said. "Even if [illegal immigrants] are paying taxes -- and most of them aren't -- the cost to taxpayers is huge."

The biggest effect has come from the new employer sanctions law, which took effect in January.

The law is fairly straightforward.

Any business caught hiring illegal immigrants is put on probation. If it is caught doing the same thing again, the state revokes its business license.

The only defense for an employer is if it used E-Verify, a federal pilot project to allow businesses to confirm the legality of their laborers.

The law did what it was supposed to with Jorge Hernandez, a 32-year-old illegal immigrant from Mexico. He had been working in a Phoenix tire shop for years when in December his bosses told him they'd have to let him go because of the new law. Now he struggles to support his family by working as a day laborer and is thinking of leaving.

"I've been in Arizona for 11 years," he said. "This is the worst one. For those years I worked every day. I had money, I had a car."

Hernandez dreams of moving to New Mexico, where friends have told him the economy is stronger and sentiment against illegal immigrants weaker. "They don't have E-Verify there," he said in Spanish.

E-Verify has at least one significant flaw -- its treatment of naturalized U.S. citizens.

Between October 2006 and March 2007, about 3,200 foreign-born U.S. citizens were initially improperly disqualified from working by E-Verify. Their status was later corrected.

Because many did not register their citizenship with the Social Security Administration, they are often listed as possible illegal workers.

That's what apparently happened to Ochoa, 47, who became a citizen in 2000. He quit his job as a car salesman at the end of last year and got hired by a local Dodge dealership in February. Days later, his new employers called him with bad news -- E-Verify classified him as a possible illegal immigrant. He only had a couple of days to convince Social Security that he wasn't.

He had lost his naturalization certificate, so Ochoa took his U.S. passport, Social Security card, driver's license and Arizona voter identification card to the local Social Security office. He was told he'd have to request new papers from the Department of Homeland Security, which could take up to 10 months.

"I love this country, I'm happy in this country," said Ochoa, a father of two, who escaped eviction this month only because a church group paid his rent. "The guy who made this law, I don't know him. He's started destroying a lot of families."

Katherine Lotspeich, acting chief of the agency that runs E-Verify, said officials will introduce a number of changes, starting in May, to make it easier to fix the problems that Ochoa and other naturalized citizens have encountered.

"The last thing we want is to have people who are naturalized citizens deal with this cumbersome process" to get paperwork, Lotspeich said.

She added that Social Security should have accepted Ochoa's passport as proof of citizenship.

Local law enforcement efforts, meanwhile, have drawn complaints about racial profiling.

For the last two years, Maricopa County Sheriff Joe Arpaio has been testing how far a local law enforcement agency can go in combating illegal immigration. His deputies and trained volunteers have detained more than 1,000 illegal immigrants, many of whom were stopped for minor infractions and then asked about their immigration status. State legislators this month moved toward passing a law requiring all local police departments to start fighting illegal immigration.

"I believe that if you get tough," Arpaio said, illegal immigrants "will disappear."

Immigrant-rights groups and attorneys have complained that Arpaio's attack on illegal immigrants leads to Latinos constantly being asked about their citizenship status. Some cite Muñoz's case as an example of perils to Arpaio's approach.

Muñoz was held for 15 hours after being stopped on a speeding violation in Phoenix in December. Deputies discovered she did not have a driver's license. She was placed in a van with several arrested illegal immigrants, taken to jail and held for several hours of processing before a judge released her.

"It's only because of the way you look," Muñoz said. "Even though I'm from here, I don't feel safe to go out and do anything."

Sheriff's Capt. Paul Chagolla, a department spokesman, said Muñoz was detained for driving without a license. She was kept with the illegal immigrants because "when we run an operation we don't always have transport" for individual suspects, he said.

Arpaio said that there have been few specific complaints of profiling and that his deputies ask suspects about immigration status only when they see a possible crime committed.

He has no apologies for his tactics or their contribution to a flight of illegal immigrants from Arizona.

"The more who leave, the better," he said. "They shouldn't be here in the first place."


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Monday, March 10, 2008

Car Crashes Creates New Question About Bonds for Illegal Immigrants

People are asking questions about why an illegal immigrant who was charged with killing a Spanish Fork man in a car wreck was allowed to make bail, and the answers differ depending on who is giving them.

Utah County Sheriff Jim Tracy said Immigration and Customs Enforcement declined to investigate the immigration status of 21-year-old Gabriel Hernandez, while ICE officials say they were not properly informed of his arrest. Tracy said internal jail documents show that jail officials made two calls to the ICE office in Orem before Hernandez was released on bail.

Hernandez, of Orem, was arrested by Spanish Fork police on Jan. 31 and booked into the Utah County Jail on a charge of negligent homicide, a Class A misdemeanor. Police said he lost control of his car on an icy road and slid into 83-year-old Albert Burns, killing him. Hernandez was also charged with driving on a denied license and driving with no insurance.

On Thursday, Hernandez missed his arraignment at Spanish Fork's 4th District Court, and a no-bail warrant was issued for his arrest. Burns's wife fears that Hernandez fled to his native Mexico and will never face justice.

In a report, Diana Carrasco, a booking clerk at the Utah County Jail, said she made two calls to the ICE office in Orem asking if the agency wanted the jail to put an immigration hold on Hernandez so they could investigate his immigration status. She made the first call when Hernandez was booked into the jail and the other about an hour later as his mother was paying his bail, she wrote. The clerk also wrote that she faxed a booking report to the ICE office.

Because the charges against Hernandez were misdemeanors and because he had no history with ICE, the agent said "to go ahead and let him post bail and that they would watch for him to go to court. If he was convicted of the charges then they would place a hold on him," Carrasco wrote.

In another report, Deputy Trish Dawe said she spoke to Carrasco a few days later and asked whether she had faxed the booking report to the ICE office.

"She told me that during her discussion about this individual that '[The agent] did not have time to come down and interview [and] to let him go,' " Dawe wrote.

ICE spokeswoman Lori Haley said the agency was not made aware of Hernandez's arrest in a timely fashion. Haley said ICE agents attended the arraignment that Hernandez missed, and went to his apartment in Orem, which had been vacated.

"We weren't able to determine his alienage without interviewing him and obtaining the biographical information that we need," she said on Tuesday.

Haley also said that ICE's primary goal is to remove illegal aliens from the United States, not to assist local law enforcement with prosecutions. When it orders immigration holds on inmates, ICE prioritizes the "worst of the worst," Haley said, including violent offenders and suspects with terrorism connections.

"When ICE takes custody or places a detainer on an individual, it's to initiate removal proceedings," Haley said.

But had ICE been made aware of Hernandez's arrest and charges in time, Haley said the agency would have placed a hold on him so it could have investigated his immigration status.

Tracy said ICE agents had told the jail numerous times in the past that they usually only order holds on inmates who are facing aggravated or felony charges, who have a felony conviction on their records or who have been deported in the past.

Since no ICE hold was ordered for Hernandez, he was allowed to make bail. The $2,300 bail, $230 of which Hernandez had to pay for his release, was determined by a bail schedule established by the state.

Jail officials suspected that Hernandez may have been in the country illegally, but without an ICE hold, they had no grounds to deny him the same bail granted to anyone else, Tracy said. If they had, he said, it would have constituted a federal civil rights violation.

"We don't set that bail, and he has due process rights, and so if he can make the bail and he has no other holds, no other warrants ... he's going to be allowed to bail out," Tracy said.

Tracy said the jail has no way to verify immigration status on its own and has no authority to hold suspected or confirmed illegal aliens on immigration violations. Jail officials will contact ICE to ask if agents want to order a hold so they can investigate when an inmate sets one of several triggers. The primary trigger, Tracy said, is if the inmate was born outside the U.S.

The flap over Hernandez's release comes as the Legislature concluded its debate over a comprehensive immigration bill. The bill, which was submitted to Gov. Jon Huntsman Jr. on Tuesday, includes a number of reforms, including giving police officers more authority to enforce immigration laws.

June Christensen, a neighbor of Burns, said she and her husband, Ken, are offering a $10,000 reward for information leading to Hernandez's arrest and conviction. She said anyone with information on his whereabouts should contact the Spanish Fork Police Department.

"I'm sure that he didn't mean to do it, but he was driving without the privilege in the United States," she said of Hernandez. "We just want to bring him in if we can find him."

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Friday, August 31, 2007

Judges in Newark More Cautious With Bails After Triple Slaying

NEWARK, N.J. (AP) - Judges in Newark have been making it tougher for suspects in crimes to be released on bail since an illegal immigrant who was free on bail in another case was charged in the horrific slaying of three Newark college students.

Essex County Assignment Judge Patricia Costello has told the judges who hear criminal cases in her county to end the practice of approving bail reductions in off-the-record conferences with attorneys and to obtain written consent from prosecutors before reducing bail. She has also told them to verify defendants’ immigration status.