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Creciendo Juntos

Creciendo Juntos. a network of government, community, faith-based, academic, and other groups and individuals serving Latinos in Charlottesville City and Albemarle County. Creciendo Juntos. Policies of Special Interest to Virginia’s Immigrants March 10, 2011. Disclaimer.

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Creciendo Juntos

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  1. CreciendoJuntos a network of government, community, faith-based, academic, and other groups and individuals serving Latinos in Charlottesville City and Albemarle County

  2. CreciendoJuntos Policies of Special Interest to Virginia’s Immigrants March 10, 2011

  3. Disclaimer Thank you for your interest in this information. Please note that these slides represent only a small portion of the information I shared during the live presentation on March 10, 2011. During the live presentation, I offered additional commentary and clarification. I have tried to include citations to my sources whenever possible, and urge you to consult the work of these excellent demographers and researchers directly. Please feel free to contact me directly with any concerns or comments. I can be reached at: Tim@justice4all.org. Tim Freilich, Legal Director Legal Aid Justice Center – Immigrant Advocacy Program

  4. Agenda • Introduction • Immigrants in Virginia and the U.S. • Policies on the federal level • Policies on the state level • Policies on the local level • Discussion

  5. Legal Aid Justice Center

  6. Immigrants in Virginia • Virginia’s immigrants share many of the same policy concerns as Virginia’s non-immigrants. • Virginia’s immigrants have a special interest in policies that might impact them differently than non-immigrants. • Policies specifically targeting undocumented immigrants often directly impact lawfully present immigrants and non-immigrants.

  7. Immigrants in Virginia More than ten percent of Virginians were born outside of the United States. Source: www.factfinder.census.gov

  8. Diversity in Virginia • 2010 Census found that more than 630,000 Virginia residents were of Hispanic origin, accounting for nearly 8 percent of the total population. This constitutes a 92 percent increase since 2000. • Fifty-three percent of Hispanics in Virginia are native citizens – not immigrants. • Thirty-four percent of Hispanics are foreign-born non-citizens. • Thirteen percent of Hispanics were born abroad and became naturalized citizens of the U.S. • Source: UVA’s Weldon Cooper Center for Public Service.

  9. Diversity in Virginia One-third of Virginia’s Hispanic population is under the age of 18. Source: UVA’s Weldon Cooper Center for Public Service.

  10. Diversity in Virginia • Virginia's population of Asian residents climbed from about 260,000 in 2000 to 440,000 in 2010. • This is an increase from about 4 percent to about 6 percent of the state's population during the 10-year period between 2000 and 2010. Source: UVA’s Weldon Cooper Center for Public Service.

  11. Local Diversity Charlottesville: Total population = 43,475 Asian only – 2,771 Hispanic origin – 2223 (5.1% of the population) 1,121 more Hispanics in Charlottesville now than in 2000 Census. African American only – 8437 Source: Weldon Cooper Center for Public Service, Demographics & Workforce Group, www.coopercenter.org/demographics

  12. Local Diversity Albemarle County: Total population = 98,970 Asian only – 4,625 Hispanic origin – 5,417 (5.5% of the population) 3,338 more Hispanics in Albemarle now than in 2000 Census. African American Alone – 9,600 Source: Weldon Cooper Center for Public Service, Demographics & Workforce Group, www.coopercenter.org/demographics

  13. Unauthorized Immigrants in the United States • Pew Hispanic Center estimates there are 11.2 million unauthorized immigrants in the United States, down from a peak of 12 million in 2007. Source: Jeffrey S. Passel and D’Vera Cohn. “Unauthorized Immigrant Population: National and State Trends, 2010.” Washington, DC: Pew Hispanic Center (February 1, 2011).

  14. Unauthorized Immigrants in Virginia • Pew Hispanic Center estimates there are now 210,000 unauthorized immigrants in Virginia, down from a high of 325,000 in 2007. • Virginia, Colorado, Florida, and New York are the only states showing a decrease in the number of unauthorized immigrants. Source: Jeffrey S. Passel and D’Vera Cohn. “Unauthorized Immigrant Population: National and State Trends, 2010.” Washington, DC: Pew Hispanic Center (February 1, 2011).

  15. Mixed-Status Families • Mixed-status families – when a household consists of both citizens and unauthorized immigrants (e.g. a citizen child born here to unauthorized parents) • This is the key to understanding why harsh policies targeting undocumented immigrants have a direct impact on lawfully-present immigrants and U.S. citizens. • 14th Amendment to the U.S. Constitution–clearly grants birthright citizenship

  16. Mixed-Status Families • Among births nationwide from March 2009 to March 2010, 350,000 newborns had at least one unauthorized parent. • Among approximately 5.5 million children of unauthorized immigrants in the U.S., in 2010 an estimated 4.5 million were U.S.-born and therefore citizens; 1 million were foreign-born and therefore unauthorized. Source: Jeffrey S. Passel and D’Vera Cohn. “Unauthorized Immigrant Population: National and State Trends, 2010.” Washington, DC: Pew Hispanic Center (February 1, 2011).

  17. Purchasing Power of Va.’s Latinos and Asians • The 2009 purchasing power of Virginia’s Latinos totaled $14.4 billion—an increase of 560.3% since 1990. • Asian buying power totaled $14.8 billion—an increase of 470.3% since 1990. Source:  Selig Center for Economic Growth at the University of Georgia.

  18. Education • Virginia’s 14,606 foreign college students contributed $337.9 million to the state’s economy in tuition, fees, and living expenses for the 2008-2009 academic year. Source: NAFSA: Association of International Educators.

  19. Education • In Virginia, 44.2% of naturalized U.S. citizens in 2008 had a bachelor’s or higher degree, compared to 34.6% of noncitizens.   • Only 13.7% of naturalized citizens lacked a high-school diploma, compared to 29.9% of noncitizens. • In Virginia, 77.1% of all children between the ages of 5 and 17 in families that spoke a language other than English at home also spoke English “very well” as of 2008. Source: Immigration Policy Center: New Americans in the Old Dominion State (Updated July 2010).

  20. Policies – Federal Level • Universal acknowledgment that our federal immigration system is broken. • Obama campaigned on a promise to deliver comprehensive immigration reform—still has not delivered.

  21. Comprehensive Immigration Reform Talked about as a three-legged stool: “…commitment to serious and effective enforcement, improved legal flows for families and workers, and a firm but fair way to deal with those who are already here.” --DHS Secretary Napolitano

  22. Comprehensive Immigration Reform Congressional gridlock on the issue: Generally, Democrats say we can’t wait, need to do something now for the 11.2 million undocumented. Generally, Republicans say we need to control our borders first. So the Democrats are working hard to show they’re tough enough and take enforcement seriously.

  23. Federal Enforcement • In fiscal year 2010, ICE set a record for overall removals of illegal aliens, with more than 392,000 removals nationwide. • Half (195,000) were convicted criminals. This represents an increase of more than 70 percent in removal of criminal aliens compared to the Bush Administration. --October 2010 DHS press release

  24. Federal Enforcement • Between January 2009 and October 2010, ICE audited more than 3200 employers suspected of hiring illegal labor – more than the total amount of ICE audits than during the entire previous administration. --October 2010 DHS press release

  25. Bush v. Obama • Bush approach: high-profile workplace raids. Swift & Company Raids—December 2006, federal agents detained over 1200 meatpacking plant workers on immigration violations; many charged with crimes related to identity theft. Federal Courthouse—Richmond, May 2008. 50 construction workers detained. • Obama approach: low-key workplace audits. Chipotle Mexican Grill in Minnesota audited; 450 workers fired. Virginia/DC Chipotle is next target.

  26. Bush v. Obama • Under Bush, increased enforcement through the 287(g) program. • Under Obama, increased enforcement through the Secure Communities Program.

  27. 287(g) Program • Named for provision of federal immigration law, authorizing 287(g) agreements between ICE and state/local law enforcement. • ICE trains & authorizes specific local officers to detain deportable aliens & start deportation process.

  28. 287(g) Program • Trained officers can: • Interview anyone reasonably believed to be an alien about his right to be in the U.S. and detain that person for deportation processing • Arrest without a warrant for violations of immigration law or other laws affecting immigration status & execute search warrants for immigration purposes • Place under oath and take evidence (including fingerprints, etc) for immigration processing • Issue immigration detainers • Detain & transport aliens to ICE facilities

  29. 287(g) Program • Existing 287(g) agreements in Virginia: • Herndon Police Department • Loudoun County Sheriff's Office • Manassas Park Police Department • Manassas Police Department • Prince William County Police Department • Prince William County Sheriff's Office • Prince William-Manassas Regional Jail • Rockingham County Sheriff's Office • Shenandoah County Sheriff's Office

  30. Secure Communities • Federal program introduced as targeting dangerous criminal illegal aliens, launched in March 2008. • Virginia 2nd state to implement in all local jails • Goal is to roll out Secure Communities nationwide by 2013 • Upon booking into local jail, digital fingerprints are shared with federal databases. If there’s a hit, then automatic notification to ICE and the jail. Source: http://www.immigrationpolicy.org/just-facts/secure-communities-fact-sheet

  31. Insecure Communities • As of September 30, 2010, ICE reported that 4,204,862 fingerprint submissions resulted in 343,829 database matches.  As a result of Secure Communities, ICE had removed 64,072 persons. • In Fiscal Year 2010 there were more than 248,000 database hits, compared to 95,000 in FY2009. 

  32. Insecure Communities • ICE has stated that Secure Communities is focused on dangerous “Level 1” criminals, but there is concern about whether or not such prioritization is taking place. • Fifteen percent of all database matches identified immigrants charged or convicted of a Level 1 offense, and 85% were charged or convicted of a less serious Level 2 or 3 offense.   Source: http://www.immigrationpolicy.org/just-facts/secure-communities-fact-sheet

  33. Insecure Communities • Locally, the Secure Communities program, along with reports of individuals ending up in ICE custody following traffic stops, appears to be having a devastating impact on trust between law enforcement and our immigrant communities. This leaves us all less safe.

  34. General Assembly 2011 • House of Delegates — 100 members • 39 democrats, 59 Republicans, 2 Independents • State Senate – 40 members • 22 democrats, 18 Republicans • Republicans control the House of Delegates • Democrats control the State Senate

  35. Anti-Immigrant Bills Introduced in Virginia’s General Assembly

  36. General Assembly 2011 The Year of the Special Subcommittee on Immigration

  37. Education House Bill 1465 • Would have required all public college boards of visitors (and the State Board of Community Colleges) to issue written policies barring enrollment of undocumented students. • HB 1465 passed the House 75-24, but failed to report from the Senate special subcommittee on immigration.

  38. Education House Bill 1775 (Gilbert) • As introduced: “On or before November 30 of each year, the Secretary shall submit an annual report to the Governor and the General Assembly on the number of children whose parents lack citizenship or lawful immigration status documentation attending public schools in the Commonwealth and the approximate cost of such students' education. The report shall aggregate the information by school division.”

  39. Education House Bill 1775 (Gilbert) • As amended, would have required local school divisions to gather and report to the State Board of Education information on the # of students enrolled in classes for English language learners and on the # of students whose parents could not present a birth certificate when the students were enrolled. • As amended, HB 1775 passed the House by a vote of 73-25, but failed to report from the Senate special subcommittee on immigration.

  40. Law Enforcement The General Assembly line-drawing debate continues! At what point should state and local police become involved in immigration enforcement? Remember, Secure Communities is now checking the fingerprints of everyone booked into Virginia’s jails against federal databases.

  41. Law Enforcement HB 2332 This bill would have required every state and local officer to make citizenship inquiries of any person arrested and taken into custody, even before a determination by a judicial officer that there was probable cause to arrest the person. • Street-level immigration inquiry • No database confirmation of immigration status • Invitation to bias-based policing • HB 2332 passed House 69-31, but failed to report from the Senate special sub on immigration.

  42. Law Enforcement HB 1430 provided that an immigration check would take place only if a person was arrested on a warrant for which probable cause existed, or, if arrested without a warrant, only after a magistrate determined probable cause for the arrest existed and issued a warrant or summons. HB 1430 passed House 72-27, but failed to report from the Senate special sub on immigration.

  43. Law Enforcement • House Bill 1934/House Bill 1420 would have required the Superintendent of State Police to sign a 287(g) agreement with the Department of Homeland Security. • HB 1934 (which included identical HB 1420) passed the House 78-20, but failed to report from the Senate special subcommittee on immigration. • Interesting bill, since Governor McDonnell has already reached out to DHS to request a 287(g) agreement with the State Police.

  44. Employment Three e-Verify bills in the General Assembly this year. E-Verify: • “E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S Department of Homeland Security and Social Security Administration records to confirm employment eligibility.” Source: www.uscis.gov

  45. Employment Ultimately, General Assembly passed Senate Bill 1049: • Provides that any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the federal E-Verify program. • Passed Senate by a vote of 40-0. Passed House 86-6. Effective December 1, 2013.

  46. Non-Discrimination • SB 747 No state agency, institution, board, bureau, commission, council…shall discriminate in employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, or status as a special disabled veteran or other veteran… • SB747 passed the Senate 22-18. The bill failed to report from a House subcommittee.

  47. Human Trafficking Everyone hates human trafficking! • HB 1898 expands coverage of the state’s abduction statutes as applied to human trafficking. • HB 2190 requires DSS to develop a plan for the provision of services to victims of human trafficking, • HJ 561 marks January 11 each year as Global Human Trafficking Awareness Day. • SB 1453 Department of Criminal Justice Services Board has power and duty to advise local law enforcement /prosecutors regarding trafficking.

  48. Human Trafficking These bills targeting Human Trafficking all passed the House and the Senate unanimously.

  49. Proof of Legal Presence • Commissioner of DMV made an announcement on September 7, 2010, that he had suspended acceptance of the Employment Authorization Document (EAD) (I-766) as proof of legal presence to obtain either a driver license or an identification card in Virginia. 

  50. Policies – Local Level February 7, 2011, Charlottesville City Council passed A RESOLUTION EXPRESSING OPPOSITION TO PENDING VIRGINIA GENERAL ASSEMBLY LEGISLATION: SB 789, HB 1468, HB 1420, HB 1421, HB 1482, HB1574, HB 1465, and HB 2332. WHEREAS, the City of Charlottesville is better able to protect and serve its community when all people, regardless of residency status, can communicate with law enforcement and public agencies without fear of arrest, deportation and imprisonment…

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