Nabbed: Now what? A Look at How Illegal Immigrants are Processed

http://www.whatsuppub.com/showArticle.asp?articleId=7068

Nabbed: Now what? A Look at How Illegal Immigrants are Processed

By Ryan Poulos

Last Friday an East El Paso church, Templo de Alabanza, was the setting of a massive rally – part of a 17-city tour of the United States dedicated to immigration reform. In front of an audience of 1,500, including U.S. Rep. Luis Guiterrez (D-Chicago) and U.S. Rep. Silvestre Reyes (D-El Paso), immigrant families testified how current immigration policy and deportations tear apart families in border cities. The event put a human face on an old issue and brought to mind a process that many of us know only through TV news footage and crime-show dramas: the apprehension and deportation of illegal immigrants. While facts aren't always easy to pin down, some estimates show that more than 20 million illegal immigrants are currently in the United States. All face the possibility of capture; Border Patrol agents in El Paso apprehended more than 30,000 people last year. But what really happens to an illegal immigrant when he or she is caught? What's Up took a closer look at the process and its variations depending on who's doing the nabbing, where and how. "If caught, charges can actually go from an administrative charge with no criminal penalty, to a misdemeanor and on up to a felony," said El Paso Border Patrol spokesperson Jose Romero. Any number of agencies can be involved in the arrest of an illegal immigrant, but the two major agencies – U.S. Border Patrol and Immigration and Customs Enforcement (ICE) – each have their own directives. Border Patrol agents arrest illegal aliens between the ports of entry, such as makeshift river crossings or breaches of border fencing, where they can enter without inspection. ICE agents, on the other hand, encounter and arrest illegal immigrants in the course of their own investigations and special operations. The main differences in the process depend on where the immigrant is nabbed – either crossing the border, or already living and working in the U.S. Caught Crossing Each year the Border Patrol apprehends more than 1 million aliens as they attempt to cross the border into the U.S from either Canada or Mexico, according to officials. Normally, illegal immigrants caught by the Border Patrol are eligible for "voluntary departure," which means they are put on a bus once they pass a criminal background check and returned to Mexico without charges. When an area sees a steep increase or excessive illegal immigration problems, however, the Border Patrol sets up a designated "no tolerance" zone. Illegal immigrants caught there can be sent to federal court for misdemeanor charges of entry without inspection and then face a trial and deportation. They could face felony charges and jail time if they are caught trying to cross a second time. The maximum penalty is six months in jail and removal from the U.S. Those convicted are then barred from legal reentry for five years and 20 years for a second removal. Officials credited no tolerance zones in Yuma, Ariz., and Laredo, Texas, for dropping the total number of apprehensions 60-70 percent in each city last year. El Paso, too, experienced a precipitous decline in apprehensions in the last three years – from 122,245 (2006) to 75,464 (2007) to 30,312 (2008) – thanks to no tolerance zones and better training for agents, said El Paso Border Patrol spokesperson Jose Romero. "We do currently have zero tolerance zones throughout El Paso in which anyone caught crossing illegally into the United States will be formally removed from this country and be seen by an immigration judge," he said. Ramos said the Border Patrol does not keep track of return rates for illegal immigrants or seasonal shifts in immigration patterns. Border Patrol agents must adhere to a number of rules, a protocol, upon catching someone illegally crossing into the country. Most are transported by vehicles to a processing center for identification and classification. There they are read their rights, which are similar to the Miranda rights read to U.S. citizens. They are notified of their right to an attorney, to remain silent and are asked if they understand their rights as explained, Ramos said. When detaining an alleged illegal immigrant onsite, Border Patrol agents are limited in what they can do, he added.. First, agents search immigrants for weapons or contraband and determine any need for medical assistance. Next, agents conduct field questioning about the detainee's citizenship and/or right to enter or stay in the country, determine immigrant status, provide them with their rights and then take them into custody. Caught Living Workplace investigations are a main source of apprehensions when it comes to illegal immigrants already living and working in the United States, says ICE public affairs officer Leticia Zamarripa. "ICE special agents encounter illegal aliens in the course of their investigations and enforcement actions, such as worksite enforcement operations," she said. "ICE Fugitive Operations Team members also remove illegal aliens who have either opted not to attend their hearings before an immigration judge, or those who have received a final order of removal and have ignored it and remain in the country." At that point, she said some illegal aliens are housed at ICE detention centers or detention facilities that contract with the government to house illegal aliens while others receive notices to appear at a later date in immigration court. (When this reporter asked if housing illegal immigrants together in detention centers hurts immigration efforts, since detainees might be able to network and trade ideas, ICE's public information office replied "no.") Whether an immigrant will be sent to a detention center or asked to appear later is determined on a case-by-case basis, according to ICE, and the agency must follow similar protocol to the Border Patrol in providing illegal immigrants with their rights. The overall processing time of an illegal immigrant also varies widely on a case-by-case basis, Zamarripa said. "There are several factors involved," she said. "Many illegal aliens fight deportation, and that lengthens the removal process. Still others receive their final orders of removal, but remain in detention until their countries of origin issue them travel documents." If the country is Mexico, the illegal immigrant is eventually released to Mexican immigration authorities on the other side of the border, where they are most often released back into the general populace. If an illegal immigrant has committed a crime in the U.S., then the process is similar, but that immigrant could face a trial and longer jail time before being eventually deported. For more information about legal and illegal immigration, visit: ice.gov/ cbp.gov/ Comments or questions about this story? E-mail Secret@whatsuppub.com

 

Education for Liberation! Join Up!
Peter S. Lopez aka: Peta
Email: peter.lopez51@yahoo.com

http://groups.yahoo.com/group/Humane-Rights-Agenda/

http://groups.yahoo.com/group/THIRD-WORLD-NEWS/

http://www.NetworkAztlan.com

Why Skilled Immigrants Are Leaving the U.S.: 3-02-2009

http://www.businessweek.com/technology/content/feb2009/tc20090228_990934.htm?campaign_id=rss_topStories

Viewpoint March 2, 2009, 12:01AM EST

Why Skilled Immigrants Are Leaving the U.S.

New research shows that highly skilled workers are returning home for brighter career prospects and a better quality of life

By Vivek Wadhwa

As the debate over H-1B workers and skilled immigrants intensifies, we are losing sight of one important fact: The U.S. is no longer the only land of opportunity. If we don't want the immigrants who have fueled our innovation and economic growth, they now have options elsewhere. Immigrants are returning home in greater numbers. And new research shows they are returning to enjoy a better quality of life, better career prospects, and the comfort of being close to family and friends.

Earlier research by my team suggested that a crisis was brewing because of a burgeoning immigration backlog. At the end of 2006, more than 1 million skilled professionals (engineers, scientists, doctors, researchers) and their families were in line for a yearly allotment of only 120,000 permanent resident visas. The wait time for some people ran longer than a decade. In the meantime, these workers were trapped in "immigration limbo." If they changed jobs or even took a promotion, they risked being pushed to the back of the permanent residency queue. We predicted that skilled foreign workers would increasingly get fed up and return to countries like India and China where the economies were booming.

Why should we care? Because immigrants are critical to the country's long-term economic health. Despite the fact that they constitute only 12% of the U..S. population, immigrants have started 52% of Silicon Valley's technology companies and contributed to more than 25% of our global patents. They make up 24% of the U.S. science and engineering workforce holding bachelor's degrees and 47% of science and engineering workers who have PhDs. Immigrants have co-founded firms such as Google (GOOG), Intel (INTC), eBay (EBAY), and Yahoo! (YHOO).

Who Are They? Young and Well-Educated

We tried to find hard data on how many immigrants had returned to India and China. No government authority seems to track these numbers. But human resources directors in India and China told us that what was a trickle of returnees a decade ago had become a flood. Job applications from the U.S. had increased tenfold over the last few years, they said. To get an understanding of how the returnees had fared and why they left the U.S., my team at Duke, along with AnnaLee Saxenian of the University of California at Berkeley and Richard Freeman of Harvard University, conducted a survey. Through professional networking site LinkedIn, we tracked down 1,203 Indian and Chinese immigrants who had worked or received education in the U.S. and had returned to their home countries. This research was funded by the Kauffman Foundation.

Our new paper, "America's Loss Is the World's Gain," finds that the vast majority of these returnees were relatively young. The average age was 30 for Indian returnees, and 33 for Chinese. They were highly educated, with degrees in management, technology, or science. Fifty-one percent of the Chinese held master's degrees and 41% had PhDs. Sixty-six percent of the Indians held a master's and 12.1% had PhDs. They were at very top of the educational distribution for these highly educated immigrant groups—precisely the kind of people who make the greatest contribution to the U.S. economy and to business and job growth.

Nearly a third of the Chinese returnees and a fifth of the Indians came to the U.S. on student visas. A fifth of the Chinese and nearly half of the Indians entered on temporary work visas (such as the H-1B). The strongest factor that brought them to the U.S. was professional and educational development opportunities.

What They Miss: Family and Friends

They found life in the U.S. had many drawbacks. Returnees cited language barriers, missing their family and friends at home, difficulty with cultural assimilation, and care of parents and children as key issues. About a third of the Indians and a fifth of the Chinese said that visas were a strong factor in their decision to return home, but others left for opportunity and to be close to family and friends. And it wasn't just new immigrants who were returning. In fact, 30% of respondents held permanent resident status or were U.S. citizens.

Eighty-seven percent of Chinese and 79% of Indians said a strong factor in their original decision to return home was the growing demand for their skills in their home countries. Their instincts generally proved right. Significant numbers moved up the organization chart. Among Indians the percentage of respondents holding senior management positions increased from 10% in the U.S. to 44% in India, and among Chinese it increased from 9% in the U.S. to 36% in China. Eighty-seven percent of Chinese and 62% of Indians said they had better opportunities for longer-term professional growth in their home countries than in the U.S. Additionally, nearly half were considering launching businesses and said entrepreneurial opportunities were better in their home countries than in the U.S.

Friends and family played an equally strong role for 88% of Indians and 77% of Chinese. Care for aging parents was considered by 89% of Indians and 79% of Chinese to be much better in their home countries. Nearly 80% of Indians and 67% of Chinese said family values were better in their home countries.

More Options Back Home

Immigrants who have arrived at America's shores have always felt lonely and homesick. They had to make big personal sacrifices to provide their children with better opportunities than they had. But they never have had the option to return home. Now they do, and they are leaving.

It isn't all rosy back home. Indians complained of traffic and congestion, lack of infrastructure, excessive bureaucracy, and pollution. Chinese complained of pollution, reverse culture shock, inferior education for children, frustration with government bureaucracy, and the quality of health care. Returnees said they were generally making less money in absolute terms, but they also said they enjoyed a higher quality of life.

We may not need all these workers in the U.S. during the deepening recession. But we will need them to help us recover from it. Right now, they are taking their skills and ideas back to their home countries and are unlikely to return, barring an extraordinary recruitment effort and major changes to immigration policy. That hardly seems likely given the current political climate. The policy focus now seems to be on doing whatever it takes to retain existing American jobs—even if it comes at the cost of building a workforce for the future of America.

Wadhwa is senior research associate at the Labor & Worklife Program at Harvard Law School and executive in residence at Duke University. He is an entrepreneur who founded two technology companies. His research can be found at www.globalizationresearch.com.

---

 

Education for Liberation! Join Up!
Peter S. Lopez aka: Peta
Email: peter.lopez51@yahoo.com

http://groups.yahoo.com/group/Humane-Rights-Agenda/

http://groups.yahoo.com/group/THIRD-WORLD-NEWS/

http://www.NetworkAztlan.com

DPS arrests 15 suspected illegal immigrants in MesaL Arizona Central

http://www.azcentral.com/news/articles/2009/03/17/20090317abrk-DPSarrest.html

DPS arrests 15 suspected illegal immigrants in Mesa

by Nicole Ethier - Mar. 17, 2009 02:21 PM
The Arizona Republic

Arizona Department of Public Safety officers arrested 15 suspected illegal immigrants at a Mesa apartment Monday after the driver of an SUV being pulled over behaved suspiciously, authorities said.

DPS officers stopped a Ford Expedition for unsafe lane usage on westbound Interstate 10 near Chandler Boulevard around 6:50 a.m., according to a press release.

The vehicle did not come to an immediate stop once it was apparent the driver recognized the marked DPS patrol vehicle and instead drove for some distance before coming to a halt, the release states.

The officer approached the vehicle and noticed the driver attempting to conceal his face under a hood while several individuals were lying down on the second and third-row passenger seats.

The officer issued a written warning and released the driver.

However, because of the driver's suspicious behavior and the location of the other occupants, the Illegal Immigration Prevention and Apprehension Co-op Team investigated further, DPS said.

Additional DPS units and IIMPACT detectives monitored the Expedition following the traffic stop and followed it to an apartment complex near Broadway Road and Stapley Drive, where the driver led the passengers to an apartment.

Mesa Police assisted with a "check welfare procedure" and found 12 people inside the apartment, including the driver, all of whom were identified by IIMPACT detectives as illegal immigrants from Mexico and Guatemala.

Interviews with the subjects led detectives to check another apartment in the same complex, where three other suspected illegal immigrants were found.

All 15 people were detained, interviewed and turned over to Immigration and Customs Enforcement.

++++++++++++++++++++++++

 

Education for Liberation! Join Up!
Peter S. Lopez aka: Peta
Email: peter.lopez51@yahoo.com

http://groups.yahoo.com/group/Humane-Rights-Agenda/

http://groups.yahoo.com/group/THIRD-WORLD-NEWS/

http://www.NetworkAztlan.com

Immigrants Detained in Texas Aren't Getting the Medical Care They Need, Human Rights Watch Says

http://blogs.dallasobserver.com/unfairpark/2009/03/immigrants_detained_in_texas_a.php

Immigrants Detained in Texas Aren't Getting the Medical Care They Need, Human Rights Watch Says

By Megan Feldman in News You Can Actually Use, Actually

Tuesday, Mar. 17 2009 @ 6:38PM

Human Rights Watch

Human Rights Watch on Tuesday released a report blasting the government for delaying, withholding and botching medical care for immigrants detained in Florida, Arizona and Texas. In the Lone Star State, the researchers conducted interviews with women held at the Port Isabel detention center in Harlingen, as well as the 2,000-bed detention center in Willacy County.

Focusing specifically on women, the report describes insufficient care during pregnancy and breast cancer, as well as poor access to simple screening procedures such as mammograms and pap smears. Women are apparently often hard-pressed even for access to sanitary napkins.

Meghan Rhoad, a HRW researcher who worked on the report, told Unfair Park about an immigrant who was diabetic and began to go blind while detained at Port Isabel. "They failed to monitor it," Rhoad said. "She wrote request after request and filed grievances. It took 15 days before they attended to something as major as blindness, and she was on the verge of a diabetic coma." The same woman had requested a pap smear and never received one. "Six of eight women we talked to who had been detained for more than a year had not had a pap smear," Rhoad said.

She also mentioned an immigrant held at the Willacy County facility who reported that she was denied a breast pump and "suffered from fever, chills, and intense pain" because she couldn't expel the milk. "That's something we saw in multiple states," Rhoad said. ICE Spokeswoman Barbara Gonzalez responded to the report via e-mail. Homeland Security Secretary Janet Napolitano "recognizes the importance of ensuring that all ICE detainees receive appropriate medical treatment," she wrote. "In light of her commitment to the safe and humane treatment of all ICE detainees, she has appointed Dr. Dora Schriro to serve as her special advisor on detention and removal."

Schriro served as director of the Arizona Department of Corrections in Governor Napolitano's administration and has held a number of correctional positions, including director of the Missouri Department of Corrections and assistant commissioner of the NYC Department of Corrections.

"While ICE spent $128 million in FY 2008 to provide medical and mental health care to its detainees, we recognize that there is a real opportunity for measurable, sustainable improvement," the statement continued. "All ICE detainees, regardless of location, should expect to receive a medical screening within 12 hours of admission; a physical exam within two weeks of detention; timely and appropriate responses to emergency medical requests, and timely medical care appropriate to the anticipated length of detention."

Education for Liberation! Join Up!
Peter S. Lopez aka: Peta
Email: peter.lopez51@yahoo.com

http://groups.yahoo.com/group/Humane-Rights-Agenda/

http://groups.yahoo.com/group/THIRD-WORLD-NEWS/

http://www.NetworkAztlan.com