TIME Immigration

Obama Plugs ‘Immigration Rights’ in Labor Day Address

Barack Obama
President Barack Obama speaks at Laborfest 2014 at Henry Maier Festival Park in Milwaukee on Labor Day, Sept. 1, 2014 Charles Dharapak—AP

Off-the-cuff statement indicates Obama is laying the groundwork for unilateral executive action that could defer prosecutions for millions of illegal immigrants

Delivering a fiery address marking Labor Day in Milwaukee on Monday, President Barack Obama for the first time indicated his support for the rights of immigrants in the U.S.

“Hope is what gives us courage; hope is what gave soldiers courage to storm a beach,” Obama said, harkening back to his 2008 presidential campaign. “Hope is what gives young people the strength to march for women’s rights and workers’ rights and civil rights and voting rights and gay rights and immigration rights.”

It was the first time “immigration rights” had been included in the president’s familiar riff on civil principles, and the first time Obama has used the phrase outside the context of referring to “immigration-rights activists.”

The statement, seemingly delivered off the cuff, is the latest indication of Obama laying the groundwork for unilateral executive action that could defer prosecutions for millions who arrived in the United States illegally.

Secretary of Homeland Security Jeh Johnson is expected to give Obama recommendations for action by the end of the summer. Activists believe the President is preparing to extend the deferred action program to millions, but the timing of the actions is uncertain given November’s midterm elections.

Speaking to a boisterous union crowd Monday, Obama criticized congressional Republicans for blocking efforts to raise the minimum wage. “Not only is it not right,” Obama said, “it ain’t right.” “I’m not asking for the moon, I just want a good deal for American workers,” Obama said.

Obama also plugged union membership, which has steadily declined in recent decades, saying that if he was “busting my butt in the service industry” or was a police officer he would join a union to secure higher wages and job protections.

TIME Immigration

Obama Sets No Timeline for Action on Immigration

Obama Immigration
Demonstrators are lined up as they are being arrested, during a protest on immigration reform, outside the White House on Aug. 28, 2014 Evan Vucci—AP

145 protesters were arrested midday on Thursday in front of the White House in an act of civil disobedience

(WASHINGTON) — With a self-imposed deadline looming, President Barack Obama said Thursday he still intends to act on his own to change immigration policies but stopped short of reiterating his past vows to act by end of summer.

Obama raised the slim hope that Congress could take action on a broad immigration overhaul after the midterm elections in November. He said that if lawmakers did not pass an overhaul, “I’m going to do what I can to make sure the system works better.”

But for the first time since pledging to act by summer’s end, he signaled that such a target date could slip. He said that the administration had been working to reduce the flow of unaccompanied minors attempting to cross the border and noted that the number of apprehensions at the border had fallen in August.

“Some of these things do affect time lines and we’re just going to be working through as systematically as possible in order to get this done,” he said in a news conference where he also addressed Russian aggression in Ukraine and action against Islamic State militants.

Two months ago, Obama angrily conceded that the House did not intend to take up immigrationlegislation this year and ordered Homeland Security Secretary Jeh Johnson and Attorney General Eric Holder to come up with actions the president could take on his own.

“I expect their recommendations before the end of summer and I intend to adopt those recommendations without further delay,” he said at the time.

Since then, the administration was forced to deal with the sharp rise of young migrants from Central America who were crossing the southwest border. Obama asked Congress for $3.7 billion to deal with the flow, a request that Republican lawmakers rejected.

At the same time, some Democrats worried that if Obama took action on his own to reduce deportations it would mobilize Republican voters in hotly contested Senate races.

Frank Sharry of the pro-immigrant group America’s Voice said there were no indications the White House planned to delay the announcement, and lots of evidence Obama is preparing for an announcement in September.

“If for whatever reasons they decide to delay, it’s going to be a huge problem for an immigration reform movement that has worked tirelessly for years and been promised action for years,” Sharry said. “I don’t think people are going to take a delay without a big response.”

Obama said Thursday that addressing the inflow of unaccompanied minors has not stopped the process of looking into “how do we get a smart immigration system in place while we’re waiting for Congress to act.

“And it continues to be my belief that, if I can’t see the congressional action, that I need to do at least what I can in order to make the system work better.”

The most sweeping, controversial step under consideration involves halting deportation for millions, a major expansion of a 2012 Obama program that deferred prosecutions for those brought here illegally as children.

Roughly half a million people have benefited from that program, known as Deferred Action for Childhood Arrivals, or DACA.

In a sign of how heated the demands on Obama to act have become, 145 protesters were arrested midday Thursday in front of the White House in an act of civil disobedience. Demanding a halt to deportations, protesters draped themselves in American flags and held signs saying “I am a witness for justice” as onlookers cheered them on. The U.S. Park Police said the protesters were charged with blocking the sidewalk.

Republicans are already hinting they’ll consider legal action to thwart what they’ve denounced as a violation of the separation of powers. House Speaker John Boehner, R-Ohio, in a conference call this month with GOP House members, accused Obama of “threatening to rewrite our immigration laws unilaterally.”

“If the president fails to faithfully execute the laws of our country, we will hold him accountable,” Boehner said, according to an individual who participated in the call.

Sen. Bill Nelson, D-Fla., predicted Thursday that Congress would not tackle an immigration overhaul before the fall elections.

“There are too many members of the House that are scared of the tea party, and they are afraid to death that they won’t get the extremist support in the election,” Nelson told reporters in Orlando, Florida. “There is nothing being done on immigration until after the election, and probably not until we get a better sense of where we’re going into next year.”

The House has passed legislation to block Obama from expanding DACA and, through its power of the purse, could attempt to cut off the funds that would be needed to implement the expansion. House Republicans could also consider widening or amending their existing lawsuit against Obama over his health care law, a case both parties have suggested could be a prelude to impeachment proceedings.

Associated Press writers Josh Lederman in Washington and Michael Schneider in Orlando, Florida, contributed to this report

TIME Immigration

Labor Leader Urges Obama to Go Big on Immigration

Richard Trumka, President of the AFL-CIO Michael Bonfigli—The Christian Science Monitor.

Seeking a change in deportations policy and an energized liberal base for the midterm elections

A top labor leader predicted Thursday that President Barack Obama will use his executive authority to make changes in immigration policy without congressional cooperation, but also castigated him for the high rate of deportations under his watch.

“He’s going to do something; I just hope it’s bold enough to be worthwhile,” Richard Trumka, head of the AFL-CIO, told reporters at a Christian Science Monitor breakfast. “No matter what he does the right wing is going to go bonkers and say he doesn’t care about anything—[that] he isn’t enforcing the law.”

Obama has been under pressure from liberals to work around congressional opposition to comprehensive immigration reform by issuing executive orders. Trumka said that could be politically savvy with the midterm elections approaching—so long as Obama goes far enough to energize the liberal base.

“If he goes mild he’ll energize the right but he won’t energize the center and the left,” Trumka said.

The AFL-CIO, an umbrella union group, wants the President to defer deportations, grant work authorization to “low-priority” undocumented immigrants, and restore the Immigration and Customs Enforcement agency’s authority over local law enforcement, among other demands.

Trumka said Thursday that the current “deportation policy doesn’t make sense,” and that Obama fell into a “classic trap” set by Republicans, raising the number of the deportations without guaranteeing a comprehensive immigration bill in return.

“What it did do is undermine the support [Obama] had in the Latino community because those communities really believe that they are under attack right now,” Trumka said. “You’re seeing families split up.”

TIME States

Doug Ducey Wins GOP Primary for Arizona Governor

Doug Ducey, Sam Ducey, Joe Ducey
State treasurer and former CEO Doug Ducey, right, hugs his son Sam Ducey, with other son Joe Ducey, left, joining them as they all smile as the candidate arrives to claim victory on winning the Republican primary for Arizona governor in Phoenix on Aug. 26, 2014 Ross D. Franklin—AP

In the quest for right-leaning Republican primary voters, the six candidates quickly staked out hard-line positions on immigration

(PHOENIX) — State Treasurer and former CEO Doug Ducey won the Republican primary for Arizona governor Tuesday, riding to victory with a campaign that focused on his blend of government and business experience in serving as a state official and building an ice cream company into a national brand.

Ducey started Cold Stone Creamery in Arizona and built it into a well-known chain before selling the company in 2007 and getting into politics.

He has been state treasurer for the last four years, serving as the chief steward of Arizona’s finances during a period that included the collapse of the housing market in the state.

The race to replace Republican Gov. Jan Brewer began as a fairly quiet contest focused on health care and jobs before shifting abruptly when thousands of immigrant children began pouring into the country and some settled in Arizona.

In the quest for right-leaning Republican primary voters, the six candidates quickly staked out hard-line positions on immigration and repeatedly attacked the Obama administration for failing to secure the border.

TIME Immigration

A Mayor’s Advice on the Unaccompanied-Minor Crisis

U.S. Agents Take Undocumented Immigrants Into Custody Near Tex-Mex Border
An undocumented immigrant awaits transportation to a processing center after being detained by U.S. Border Patrol agents some 60 miles north of the U.S. Mexico border near Falfurrias, Texas on July 23, 2014. John Moore—Getty Images

Education is a basic need

My town, Riverdale Park, Maryland, has grappled with unaccompanied minors arriving from Central America for years. I’ve been the mayor for the last nine, and for even longer, I’ve been an educator in our local school system with a very large immigrant population. Riverdale Park is one-third first-generation immigrant, mostly from Latin America.

The first step toward grappling with new arrivals is to recognize them as neighbors—both as residents and from countries that are now neighbors as well. I know this sounds simple, but until it becomes a reality no real improvement is likely. Neighbors work together and help each other cope with common problems.

As I came to accept the Salvadorans, Guatemalans and Mexican ex-patriots living around me as neighbors, I discovered new partners in addressing the many problems that we, as neighbors, all needed addressing. An influx of de-facto orphans is no different; the only way to constructively deal with the problem will mean real engagement with the broader community of immigrants—the families or sympathetic members of the same ethnic group must be part of the solution.

Modern technology and rapid transportation obliterate distance, and create what I call the “worm hole” effect. Even relatively poor immigrants in my town are able to maintain close and regularly reinforced connections to their lands of origin. Riverdale Park has a worm hole leading to the Mexican state of Puebla, El Salvador and Guatemala. If I were to ignore that tunnel when addressing the issues of my community, I would be doomed to much needless frustration and much avoidable difficulty.

Because of the “worm hole” I know my community will get some of the influx of minors above and beyond the flow that we always see. The kids with family here will naturally end up here for a time anyway, and sympathy for the orphaned will mean the children of distant relatives or friends from the old country are going to naturally draw them here.

As the kids arrive in my region, Riverdale Park is working to ease the situation and cooperate with Governor Martin O’Malley’s placement priority for them—first with family, second with foster care, and lastly in congregated housing. Area churches are always part of the first line of assistance for those in need and I’m lucky to have great partners in helping with basics like clothing, food, hygiene and school supplies. We also are blessed to have several great organizations that focus their efforts on immigrant kids and their specific needs for things like English acquisition and constructive after-school activities. I also put my neighbors in the immigrant community on alert and seek regular updates on how this looks from the street level–for example finding and working with the kids who got through on their own and aren’t identified by the system.

For the young immigrants, whether they are here only a short time or permanently, a basic concern is education. Regardless of whether kids’ destinies are in the United States or a Central American country they need an education to be a productive member of society. In the schools in my area, we have increasingly adapted to teaching students who are in the process of learning English, while speaking another language at home. Systems have traditionally viewed this as a problem, but we see being truly bilingual as an asset and mark of a quality education. Clearly though local jurisdictions need the state and federal governments to insure that no local jurisdiction is overwhelmed beyond their ability to provide classroom space and a reasonable teacher-to-student ratio.

What about the other end of the worm hole? How can we help stem the flow of people from Guatemala, El Salvador and Honduras northward? Talk of root causes and development in Central America almost always misses discussing their greatest need of assistance: creating a strong universal education system. Every official I’ve ever spoken to in Guatemala has emphasized this need. Central American education is poor by every measure, and this state virtually guarantees continued poverty and lack of opportunities for many in these countries. Border control, legal reform (here and there!), drug interdiction, agricultural improvements and a host of other topics clearly are part of the whole picture; however, without an educated population, the countries of Central America will remain locked in a cycle of poverty, desperation and flight to the United States.

Vernon Archer is five term Mayor of the Town of Riverdale Park, Maryland, and teaches social studies, history and English as a second language at William Wirt Middle School in Prince George’s County Public Schools.

TIME Texas

First National Guard Troops at Texas-Mexico Border

Governor Rick Perry pauses as he addresses attendees at the 2014 Red State Gathering on August 8, 2014, in Fort Worth, Texas.
Governor Rick Perry pauses as he addresses attendees at the 2014 Red State Gathering on August 8, 2014, in Fort Worth, Texas. Tony Gutierrez—AP

(HIDALGO, Texas) — The first wave of National Guard troops has taken up observation posts along the Texas-Mexico border.

Several dozen soldiers deployed in the Rio Grande Valley are part of the up to 1,000 troops called up by Gov. Rick Perry last month, Texas National Guard Master Sgt. Ken Walker of the Joint Counterdrug Task Force said Thursday.

Several guardsmen were seen Thursday afternoon manning an observation tower along the busy road leading to the Hidalgo International Bridge.

This first batch of soldiers was specifically trained to man such observation towers in the area belonging to local law enforcement agencies and U.S. Customs and Border Protection, Walker said. They will serve as extra eyes on the border and report suspicious activity to authorities.

State officials have estimated the deployment will cost $12 million per month. Perry said the soldiers were necessary to help secure the border while the Border Patrol was busy with a surge in illegal immigration.

From October to July, 63,000 unaccompanied children were arrested after entering the U.S. illegally, double the number from the same period a year earlier. Another 63,000 families — mothers or fathers with young children — were arrested during that period.

“They’re just there for support,” Walker said of the soldiers. “We’re just trying to give some relief to the guys at Customs and Border Protection” and other law enforcement agencies.

The guardsmen seen Thursday were manning a tower owned by the Hidalgo Police Department.

Hidalgo Police Chief Rodolfo Espinoza said he would normally not have his department’s two towers manned. They have cameras that can pan the area and record activity, but having a person that can recognize something suspicious and report it is more valuable, he said.

“It is good to have them,” Espinoza said of the soldiers. “It is a positive benefit for everybody.”

TIME 2014 Election

Immigration Not Top Election Issue on Arizona-Mexico Border

Martha McSally
Republican candidate for Arizona Congressional District 2, Martha McSally talks at a news conference Wednesday, Nov. 7, 2012, in Tucson, Ariz. Ross D. Franklin—AP

Even on the southern border, economic concerns reign supreme

From a distance, freshman Rep. Ron Barber’s seat in southeastern Arizona, which sits along a long stretch of the Mexican border with Latinos making up over 25% of the population, seems like it would be ground zero in the midterm election battle over immigration. The race is one of the tightest in the country, with Barber likely facing retired Air Force Col. Martha McSally, a Republican who came within one percent of beating Barber two years ago.

But if you look up close, immigration is not exactly the issue of the day in Arizona’s 2nd District. In interviews with TIME, Arizona Democratic and Republican donors and activists said that economic issues were eclipsing immigration in the battleground. “Immigration I think is a piece of it, [but] I don’t think it’s a determining factor,” says Edmund Marquez, a senior member of the Tucson Hispanic Chamber of Commerce who supports McSally based upon her “strong” personality. “I think it’s more economy, more jobs, more fiscal responsibility.”

Arizona Democrats counter that Barber is best suited on economic issues, particularly on how to save the Davis-Monthan Air Force base—a top-three employer in Tucson, the largest city in the district—from potential cuts, despite McSally’s military background. The Administration requested in its budget for fiscal year 2015 to retire the A-10 aircraft, the main plane flown out of the base. “Congressman Barber has been working hard for several years with many of the civilian and military groups to protect the A-10 squadron,” says Dr. Don Jorgensen, the Chairman of the Pima County Democrats. “It’s Ron Barber who’s gotten the attention for the work he has done in essentially saving that investment.”

The local Democratic chair said local voter concern over immigration has actually faded in recent years. “Immigration is still there, just not the same level of intensity of two years ago…when it was front and center,” says Bill Roe, the chairman of the Arizona Democratic Party.

Outside groups have poured money into the race at unprecedented levels, but not on immigration issues. During the Administration’s fumbled rollout of the online health care exchange HealthCare.gov, conservative outside group Americans for Prosperity slammed Barber over the President’s “if you like the [health care] plan you have, you can keep it” line. The Democratic House Majority PAC, in turn, has hit at the ads funded in part by the conservative billionaire Koch brothers, charging that McSally is tied to an anti-Social Security, minimum wage and Medicare agenda. Both campaigns refute the negative attacks.

The McSally and Barber campaigns have so far spent their money on positive ads that distance themselves from a historically unpopular Congress. In McSally’s only 2014 campaign video on her website, pictures of her in uniform—she was the first American woman to fly a fighter aircraft in combat (the A-10) and command a squadron—are interspersed with broad attacks on Washington. Barber’s first ad, “Home,” portrays himself as a longtime local businessman who was the fourth most likely Congressman to vote independent of his or her party. The ad does present securing the border as an issue, as well as blocking congressional pay raises, protecting Medicare and saving the A-10. According to Elizabeth Wilner, the senior political vice president for campaign ad tracker Kantar Media Intelligence, no ad in the race has focused on the border crisis.

There have been recent signs that McSally is willing to go after Barber on the issue of immigration. She released a statement bashing Barber for opposing the $694 million border bill that passed the House with Republican support two weeks ago. “Congressman Barber failed Southern Arizonans by voting against a bill to help secure our border and provide badly needed resources to deal with the humanitarian crisis,” she wrote. “Either he doesn’t understand how important this issue is or is more concerned with following his party’s wishes.”

In a statement to TIME, Barber said the vote was “essentially political theater,” since the House legislation has no chance of passing the Senate. He said the bill “did not provide the resources needed to secure the border or address the humanitarian crisis.” Barber added that he supported a recent proposal by Arizona Republican Senators Jeff Flake and John McCain, which never got off the ground. That proposal would make legal changes to speed the deportation of undocumented children, added funding for more judges and increased the number of refugee visas that Central Americans could apply for from their home countries.

TIME Immigration

Influx of Child Immigrants Strains Courts in Louisiana

Michael's Journey - Immigration in New Orleans
Attendees listen to speakers at the weekly meeting of "Congreso," or the Congress of Day Laborers. This is one branch of the New Orleans Workers' Center for Racial Justice, New Orleans, Aug. 6, 2014. William Widmer for TIME

The wave of unaccompanied children streaming across the U.S. border has compounded a court crisis, as advocates warn backlogs and a shortage of lawyers will lead to injustice

For the 1,071 unaccompanied minors who have crossed the southwest border this year and ended up in Louisiana, the path to a future in the U.S. runs through a courtroom on the 24th floor of an office tower in the heart of New Orleans.

Here, past the heavy doors and security guards, a rotating detail of judges determines the fate of the immigrant children streaming across the border and into the state. As they arrive in record numbers, the New Orleans Immigration Court is buckling under the strain.

During the first six months of 2014, the court has taken on 450 juvenile immigration cases, according to government records obtained by Syracuse University’s Transactional Records Access Clearinghouse (TRAC). That number puts the court on pace to shatter last year’s total of 540 cases. Three years ago, it had 71.

New Orleans’ struggle is part of a pattern. Nationwide, immigration courts have become choke points in the border crisis. Overburdened and underfunded, they are sagging under the weight of the new arrivals, with enormous case backlogs and a lack of attorneys able to perform work that must often be pro bono, or without charge.

At the end of June, the number of cases pending in U.S. immigration courts had climbed to a record high of 375,503, according to data amassed by TRAC. The largest backlogs are in states with the biggest immigrant populations, such as California and Texas, which have also received the greatest number of unaccompanied minors.

But as stressed as those states are, legal activists say the situation is worse in places where the number of immigrants may not be quite as high, but where there’s a shortage of lawyers able to represent a spiking population.

New Orleans is a prime example. The large number of Honduran immigrants resident here has made the Crescent City a magnet for kids fleeing the skyrocketing violence in the troubled Central American country. Over the past year, few cities have absorbed more unaccompanied kids than New Orleans. Yet the entire state of Louisiana has only about a half-dozen nonprofit immigration lawyers devoted to serving them, says Jennifer Rizzo, national pro bono promotion counsel for Human Rights First.

As a result, children are regularly summoned to complex legal proceedings that will shape their future without any legal representation. At the end of June, New Orleans Immigration Court had a total of 1,216 pending juvenile immigration cases. In 991 of them—81%—the child has no lawyer. Overall, 87% of immigrants detained in the state lack an attorney, according to a study by Human Rights First.

“Things have reached a crisis point,” Rizzo says.

Legal representation may be the single largest factor in determining whether an undocumented immigrant wins the right to remain in the U.S. According to TRAC’s analysis of 100,000 case records obtained through the Freedom of Information Act (FOIA), immigrant children represented by an attorney are deported by presiding judges about half the time. In cases when juveniles went without an attorney, the success rate for sidestepping deportation was just one in 10.

“There’s a likelihood that these kids don’t know how to obtain legal representation, because nobody speaks English,” says Hiroko Kusuda, whose law clinic at Loyola University in New Orleans is one of just three listed service providers in the state. “If they don’t have legal representation, the chances of them getting relief from deportation is close to zilch.”

Kathryn Mattingly, a spokeswoman for the Justice Department’s Executive Office for Immigration Review (EOIR), said in an email that EOIR provides interpreter services for immigrant children for whom English is a challenge. But she acknowledged that some go without a lawyer. “Children are not guaranteed representation in immigration court proceedings, but all respondents have a right to representation at no expense to the government,” Mattingly said, adding that various government initiatives are designed to promote pro bono work.

The small community of immigration lawyers in the New Orleans area wants to help. Along with national advocates, they are scrambling to enlist new recruits. Kathleen Gasparian, an immigration lawyer in Metairie, La., started a program called PB&J: Pro Bono and Juveniles, which recruits pro bono attorneys and matches them with immigrant kids who have recently crossed the southern border and cannot afford legal services. Rizzo recently organized a conference to tackle Louisiana’s crisis in immigration representation, and convenes a monthly working group of local stakeholders. “The immigration court system is broken,” Gasparian says.

The issues were multiplying even before children started arriving. Louisiana has just two immigration courts, and the second, in the small city of Oakdale, more than three hours northwest of New Orleans, handles only detention cases. The backlog of pending cases statewide has soared to 6,703, up from just 732 a decade ago. “Now, you don’t even get your first hearing for a year,” says Ken Mayeaux, a professor at Louisiana State University Law Center in Baton Rouge who runs an immigration clinic for students. The average wait time for pending cases in the EOIR has climbed to 587 days.

Compounding that lengthening backlog, the New Orleans court is without a single devoted judge. Instead, a rotating trio of judges handle the docket, usually commuting from the Oakdale facility. Sometimes cases are decided over video conference.

The lack of a permanent judge is a symptom of a national problem, created by a hiring freeze imposed in 2011 by Attorney General Eric Holder as DOJ sought to cut costs in the teeth of the recession. The hiring freeze was lifted in February, but Mattingly declined to say when a new full-time judge will start at New Orleans immigration court.

On a steamy Thursday morning this month, TIME visited the court, on Canal Street downtown, in an attempt to observe proceedings. There were about six cases on the docket for the day, according to a printed list in the entryway, but two security guards barred this correspondent from entering, citing instructions from the presiding judge.

“In certain cases, including hearings involving credible fear reviews, the hearing is closed to the public unless the alien states for the record that he or she waves that requirement,” Mattingly later wrote in an email. On that day, she added, “there were no open cases.”

TIME Immigration

Number of Illegal Migrants from Haiti and Cuba Stopped at Sea at 5-Year High

Two boats with 10 Cuban migrants are pictured anchored in Cayman Brac waters in this handout photo
Two boats with 10 Cuban migrants are pictured anchored in Cayman Brac waters on July 20, 2014 in the Cayman Islands. Reuters

Over 4,300 Haitians and 2,985 Cubans apprehended since Oct. 1, Coast Guard says

The number of illegal migrants apprehended while trying to reach the United States by sea from Haiti and Cuba has hit a five-year high, Coast Guard officials said.

Over 4,300 Haitians have either been stopped at sea or are known to have arrived in Puerto Rico or the U.S. mainland since Oct. 1, while the number of Cubans stands at 2,985, NBC reports, a total of around 850 more than last year.

Coast Guard officials said they are the highest numbers of the last five years.

The journey is dangerous and many Haitians and Cubans drown along the way, federal officials say.

The surge in captured migrants comes partly due to aggressive activity by Haitian smugglers, as well as relaxed travel policies introduced under Cuban President Raul Castro.

[NBC]

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