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| Resources Licenses K-12 Education Access to Higher Education Health Local Law Enforcement Workers’ Rights Local Ordinances Comprehensive Immigration Reform 2007 Immigration Reform Proposals Detentions & Deportations Planning Mass Actions |
Licenses |
| K-12
Education Common Sense Says… Bilingual Education (Common Sense Foundation, March 2007) More than 83,000 students in North Carolina’s public schools are classified as Limited English Proficiency (LEP), a number that is more than five times the total in 1993. While this population grows, it is evident that schools are not meeting their needs. There are some concrete steps that the state of North Carolina can take to provide equal education access and support a bright future for immigrant children. Read more… What About the Other Third? A Closer Look at High School Dropouts (Innovator: A North Carolina New Schools Project Issue Brief, February 2007) The State Board of Education released for the first time graduation rates that show the percentage of 9th graders who received a diploma on schedule as part of the Class of 2006. On a statewide, district wide, and school wide level, North Carolina now knows how many students make it through high school in the traditional four years. Unfortunately, the data shows that only 68 percent of students who began 9th grade in 2002 completed high school in 2006. The rates were even lower for minority students, with only 60 percent of African-Americans, and 52 percent of Hispanics graduating within four years (compared to 74 percent of white students). Nearly two-thirds of the state’s 115 school districts had graduation rates below 70 percent. Given that only two-thirds of the potential members of the Class of 2006 graduated from high school last year, what happened to the other third? Read more… Short-Term Suspensions; Long-Term Consequences; Real Life Solutions (Action for Children, 2007) On any given school day in North Carolina, more than 1,600 students are not with their classmates actively learning because of suspensions. Are some school or school district policies and practices keeping students out of the classroom too often, in numbers too large, for too long? Read more… What Stands Between North Carolina Students and a Sound Basic Education? (Action for Children, 2007) In an attempt to ensure every child has access to a sound basic education, in 1994, parents, students, and school boards from low-wealth counties filed a lawsuit against the State of North Carolina and the State Board of Education for failing to provide fair and adequate public education funding. Known as the Leandro Decisions, the North Carolina Supreme Court ruled twice (first in 1997, then in 2004) that every child in North Carolina has a constitutional right to “an equal opportunity to receive a sound basic education.” Read more… The Achievement Gap Revisited- How Minority Students are Faring in North Carolina’s Public Schools (NC Justice Center, 2006) Since the NC Justice Center first focused attention on the minority achievement gap in a major policy report, Exposing the Gap, released in January 2000, there have been two significant developments in public education on both the state and federal levels. The 2001 reauthorization of the federal Elementary and Secondary Education Act resulted in the No Child Left Behind Act (NCLB). On July 30, 2004, the North Carolina Supreme Court issued a ruling in Leandro, the state school finance lawsuit reaffirming its 1997 holding that every child in this state has a constitutional right to an equal opportunity to receive a sound basic education. Read more… |
Access
to Higher Education DREAM Act of
2007 (S. 774) and The American Dream Act of 2007 (H.R. 1275) |
| Health Trends in Emergency Medicaid Expenditures for Recent and Undocumented Immigrants (Dubard & Massing, Journal of the American Medical Association, March 14, 2007) Medicaid spending for emergency care of recent and undocumented immigrants, although a small proportion of the total Medicaid budget, is increasing rapidly in this new immigrant growth state. Emergency Medicaid is predominantly a program for childbirth coverage, although use and spending are shifting toward nonpregnant adults, particularly those who are elderly and disabled. Increased access to comprehensive contraceptive and prenatal care, injury prevention initiatives, preventative care, and chronic disease management may make better use of the public health care dollar by improving the health status of this population and alleviating the demand for costly emergency care. Read more… North Carolina Hispanic/Latino Health Fact Sheet (State Center for Health Statistics and Office of Minority Health and Health Disparities, December 2006) This report presents basic health facts about Hispanics/Latinos in North Carolina in areas of mortality, chronic diseases, HIV and sexually transmitted diseases, health risk factors, access to health care, quality of life, maternal and infant health, and child and adolescent health. Read more… New Requirements for Citizenships Documentation in Medicaid (Kaiser Commission on Medicaid and the Uninsured, July 2006) Effective July 1, 2006, a new federal requirement included in the Deficit Reduction Act of 2005 (DRA) requires all U.S. citizens and nationals applying for or renewing their Medicaid coverage to provide documentation of their citizenship status. This fact sheet provides information on the new federal requirement and the Interim Final Rule, and discusses their implications for Medicaid beneficiaries and the states. Read more… For the Benefit of All: Ensuring Immigrant Health and Well-Being (Grantmakers in Health, Issue Brief No. 24, November 2005) There are almost 35 million immigrants in the U.S., comprising 12 percent of the total population. Immigrants and their families contribute to both the diversity and the economy of the nation, offering the potential for vibrant, productive, and health communities. Yet, immigrants face several barriers to health and well-being. Some are the result of being disproportionately low-income and uninsured; others are unique, such as cultural and linguistic barriers, limited eligibility for public benefits, and bearing the brunt of unwelcoming public views, attitudes, and policies. Addressing these barriers not only benefits immigrant populations, but in turn strengthens entire communities, and the nation as a whole. Read more… |
| Local
Law Enforcement Fact Sheet: Section 287(g) Immigration Enforcement (U.S. Immigration and Customs Enforcement) In the past year, North Carolina has seen a number of local law enforcement agencies, primarily county sheriff’s departments, entering into Memorandums of Understanding (MOUs) with the Department of Homeland Security. Through this program, local law enforcement agencies agree to take on the added responsibility of enforcing federal immigration law in the course of their daily efforts to serve and protect their communities. This Fact Sheet from the Department of Homeland Security provides an overview of this program. Read more… Major Cities Chiefs of Police Immigration Nine Point Position Statement: Enforcement of Immigration Laws by Local Police Agencies (June 2006) How local agencies respond to the call to enforce immigration laws could fundamentally change the way they police and serve their communities. Local enforcement of federal immigration law raises many daunting and complex legal, logistical, and resource issues for local agencies and the diverse communities they serve. Read more… Forcing Our Blues into Gray Areas: Local Police and Federal Immigration Enforcement (Appleseed Network, 2006) For decades, it was accepted law and practice that state and local police could not enforce civil immigration law (only criminal law). However, in recent years the Department of Justice and some Members of Congress are encouraging movement toward increasing the role of state and local police in immigration enforcement. This briefing book describes the legal landscape behind the issues and the public policy debate. While the legal status of enforcement authority remains murky, the serious implications for communities are clear. As this guide outlines, many police departments and local governments around the country have opposed state and local police enforcement of immigration laws based on their concerns that it jeopardizes community policing efforts, public safety, and effective counter-terrorism initiatives. Such consequences require careful consideration, and now is the time for community engagement in decisions at the local level for the safe of effective policing. Read more… Proposals to Expand the Immigration Authority of State and Local Police: Dangerous Public Policy According to Law Enforcement, Governments, Opinion Leaders, and Communities (National Immigration Forum, September 2006) “These proposals are unnecessary, and counterproductive to the public safety of our city residents. They will place an added burden in our department and instill fear and non-cooperation in the community.” Muscatine, Iowa Police Department, Chief Gary Coderoni. Read more quotes here… |
| Workers’
Rights More Harm Than Good: Responding to States’ Misguided Efforts to Regulate Immigration (National Employment Law Project, February 2007) Recent state and local policy makers have seen a large number of legislative proposals ostensibly aimed at punishing employers who hire undocumented workers. These have ranged from state-level employer sanctions bills, legislation requiring employers of immigrants to register and pay fees, taxes for employers of “aliens,” proposals to deny workers compensation to certain immigrants, and proposals requiring state agencies to act as arms of Immigration and Customs Enforcement (ICE). While frustration with the slow pace of immigration reform is understandable, these state proposals miss the mark. This guide provides some affirmative proposals of steps states can take to ensure that employers are complying with state labor and employment laws and that workers are not being exploited. Read more… Why States and Localities Should Not Require Employer Participation in the Basic Pilot Program (National Immigration Law Center, January 2007) The Basic Pilot Program is a voluntary Internet-based program that was established to allow employers to electronically verify workers’ employment eligibility with the Department of Homeland Security (DHS) and the Social Security Administration (SSA). In 2006, a number of states and localities introduced proposals that would require local or state governments to use the Basic Pilot. Many of these proposal also required businesses, through licensing or contracting requirements, to use the program. While Basic Pilot often is portrayed as the magic bullet that would curb unauthorized employment, the program has been plagued by problems since its inception in 1997. Most notably, Basic Pilot, which is used by only approximately 12,000 employers, has been hindered by inaccurate and outdated information in the DHS and SSA databases, misuse of the program by employers, and lack of adequate privacy protections. Read more… TALKING POINTS: Oppose State and Local Proposals to Make Basic Pilot Mandatory (National Immigration Law Center, February 2007) State and local proposals that would require participation in the Basic Pilot program are preempted by federal law. Inaccurate databases prevent employment-authorized individuals from being approved for work. Unscrupulous employers use the program to discriminate against workers. The cost is high for business. Congress is currently working to fix our broken immigration system. Read more… State and Local Proposals that Punish Employers for Hiring Undocumented Workers Are Unenforceable, Unnecessary, and Bad Public Policy (National Immigration Law Center, February 2007) A number of states and localities have introduced proposals that would either impose state sanctions on employers that hire undocumented workers or require employers, through licensing or contracting process, to verify that their workforce is employment-eligible. These proposals are not only preempted by federal law; they also would exacerbate the failed federal approach that has led to the weakening of all workers’ ability to fight for better conditions. A much better strategy is for states and localities to more effectively enforce state and local labor laws and to enact stronger labor protections to hold employers accountable for labor law violations. This in turn, would remove the economic incentive to see out and exploit undocumented workers. In addition, states and localities should call on Congress to reform our immigration system and provide a comprehensive opportunity for currently undocumented people to earn legal status. Read more… Facts about the IMAGE Program: ICE Mutual Agreement between Government and Employers (National Immigration Law Center, January 2007) The ICE Mutual Agreement between Government and Employers (IMAGE) program is a joint government and private sector initiative that was introduced in July 2006 by the Department of Homeland Security (DHS), U.S. Immigration Customs Enforcement (ICE) to help employers “self-police” with respect to complying with the federal immigration law’s prohibition against hiring workers who are ineligible to be employed in the United States. IMAGE raises a number of questions and concerns that advocates for workers must monitor closely. Read more… FOR ORGANIZERS AND ADVOCATES: How to Deal with No-Match Letters (National Immigration Law Center, October 2006) The Social Security Administration (SSA) sends “no-match” letters to workers and employers each year when the name and/or Social Security Number (SSN) of the worker listed in the employer’s records does not match SSA’s records. Some employers mistakenly believe that no-match letters are notices of immigration violations and have used the letter to fire and lay-off workers without pay, and to undermine or eliminate organizing activity at the worksite. This toolkit outlines four common scenarios and suggested steps to follow in each situation. Read more… |
| Local
Ordinances Toolkit for Responding to Local Anti-Immigrant Ordinances (National Immigration Forum) Dozens of cities and localities across the country are enacting or considering “ordinances” that target undocumented immigrants and virtually any service worker, business owner or citizen who interacts with them. Many are copied in whole are part from ordinances in other parts of the country. Using national data and a local example of how one such ordinance was defeated, National Immigration Forum has prepared a policy-oriented toolkit for advocates looking to respond to similar ordinances in their communities. Read more… Reclaiming Our Communities Toolkit: Fighting Anti-Immigrant Local Ordinances and Moving to the Offensive in 2007 (Fair Immigration Reform Movement- FIRM) Persecuting some of the most vulnerable people in our society has become an unfortunate trend of late in cities and towns across the United States. In fewer than six months, over 90 U.S. local governments have introduced, passed, or considered introduction of 105 ordinances that target hard-working immigrants and their children. That is why the Fair Immigration Reform Movement (FIRM) has developed this toolkit with a series of instruments to help organizations fight off these attacks on their communities, and help us move towards effective and just immigration reform. Read more… Fact Sheet on Local Ordinances Litigation (American Civil Liberties Union, January 2007) Coalitions have brought litigation challenging local anti-immigrant ordinances in Hazleton, PA; Valley Park, MO; Escondido, CA; Riverside, NJ; Farmers Branch, TX; and Cherokee County, GA. The ACLU Immigrants’ Rights Project, MALDEF, PRLDEF and a number of local groups and advocates are litigating these challenges. All of the challenged ordinances include immigration-status-based restriction on rental housing. The Hazleton, Valley Park, and Riverside ordinances also regulate employment of non-citizens. Court orders currently prevent enforcement of any of the challenged ordinances. Read more… Legal and Policy Analysis: Local Illegal Immigration Relief Act Ordinances (Mexican American Legal Defense Fund- MALDEF) During the summer, as the U.S. House failed to move forward to complete legislative action, frustrations by anti-immigrant activists led to a small number of cities and towns attempting to enact restrictions and prohibitions against illegal immigrants at the local level. These measures violate the Constitution, and pit neighbor against neighbor. Immigration policy must be established and enforced at the federal level. This guide describes the ordinances and their legal flaws, and provides arguments that can be utilized against them. Read more… Immigrant Friendly Resolutions (Fair Immigration Reform Movement) Copies of immigrant friendly resolutions in Seattle, WA; Boston, MA; El Paso, TX; San Francisco, CA; and Columbus, Ohio. Read More… |
| Comprehensive
Immigration Reform A Glimpse into the Latino Experience: The Personal and the Political (El Pueblo) This PowerPoint Show (available as a full presentation) provides an overview of what it means to say that the immigration system is “broken”, the proposals that have been considered by the U.S. Congress, and the principles for Comprehensive Immigration Reform. View show… BACKGROUNDER: Comprehensive Reform of Our Immigration Laws (National Immigration Forum) For more than two decades, American policy makers have taken the approach of spending ever greater sums of money trying to enforce our broken immigration laws. This approach simply has not worked. It has been the failure to face economic and social realities, not failure to provide enforcement resources, that has led to the current chaotic, deadly system. We need a new approach to managing migration, one that recognizes reality and regulates it effectively; an approach that will make the immigration flow safe, orderly, and legal instead of deadly, chaotic, and operating outside the bounds of the law. Read more… Frequently Asked Questions about Comprehensive Immigration Reform (Coalition for Comprehensive Immigration Reform, March 2007) Answers to commonly asked questions, including: What is comprehensive immigration reform? Does comprehensive reform reward illegal behavior? Isn’t it unfair to those waiting patiently in line? Why don’t immigrants come legally in the first place? Read more… Close to Slavery: Guestworker Programs in the United States (Southern Poverty Law Center, 2007) In his 2007 State of the Union Address, President Bush called for legislation creating a “legal and orderly path for foreign workers to enter our country to work on a temporary basis.” Doing so, the president said, would mean “they won’t have to try to sneak in.” Such a program has been central to Bush’s past immigration reform proposals. Similarly, recent congressional proposals have included provision that would bring potentially millions of new “guest” workers to the United States. What Bush did not say was that the United States already has a guestworker program for unskilled laborers- one that is largely hidden from view because workers are typically socially and geographically isolated. Before we expand this system in the name of immigration reform, we should carefully examine how it operates. Read more… Learning from the Past: Designing Effective Worker Protections for Comprehensive Immigration Reform (Arthur N. Read, January 2007) This article reviews the current temporary worker programs and, in particular, the H-2B non-agricultural temporary worker program. A starting point for legislative discussion of comprehensive immigration reform in the 110th Congress is likely to be S. 2611, 109th Congress, as adopted May 25, 2006 by the Senate. This article analyzes how worker protection issues were addressed in S. 2611. Finally, the article suggests lessons from past legislative and administrative efforts to protect worker rights which could be the basis for effective worker protections as part of future comprehensive immigration reform. Read more… Immigration Enforcement: What Has Been Tried? What Has Been the Result? (National Immigration Forum) Some members of Congress clamor for increased immigration enforcement, as if this were a new idea. In fact, for the past twenty years, this country has been steadily increasing enforcement at the border, and the effort has not only failed, but backfired. More of the same will only mean more smugglers, more fake documents, more immigrants dying in the dessert, and more communities left on their own to accommodate a growing underground workforce. The tougher enforcement measures enacted by Congress have had nothing to do with the reason immigrants are coming illegally: there are too few legal channels for them to come here and take advantage of legal opportunities here to work and improve their lives. Only through a comprehensive approach combining a reform of our admission system, a realistic solution for the undocumented population living in the U.S., and targeted, effective enforcement of realistic laws will we gain control over our immigration system. Read more… |
| 2007
Immigration Reform Proposals Overview of the Security Through Regularized Immigration and a Vibrant Economy Act of 2007 (STRIVE Act of 2007) Brief, 4-page summary of the STRIVE Act of 2007 introduced by Congressmen Gutierrez and Flake. Read more… Security Through Regularized Immigration and a Vibrant Economy Act of 2007 (STRIVE Act of 2007): Section-by-Section Analysis Comprehensive, 64-page, section-by-section analysis of the STRIVE Act of 2007. Read more… Security Through Regularized Immigration and a Vibrant Economy Act of 2007 (STRIVE Act of 2007): FULL TEXT A bill to provide for comprehensive immigration reform, and for other purposes. This Act may be cited as the “Security Through Regularized Immigration and a Vibrant Economy Act of 2007” or as the “STRIVE Act of 2007”. Read full text of bill here… The White House Takes a Wrong Turn on Immigration Reform (Coalition for Comprehensive Immigration Reform, March 30, 2007) For weeks, the White House has been working on a set of immigration principles with Senate Republicans. Yesterday, these principles were leaked to the press. The following statement is a statement by the Coalition for Comprehensive Immigration Reform (CCIR), a campaign by immigrant advocacy, policy, labor, and faith-based organizations to achieve workable comprehensive immigration reform legislation. Read more… View the White House’s Secret PowerPoint Presentation of their Principles for Immigration Reform here… Read a Summary of the White House Proposal here… |
| Detentions
& Deportations ENDGAME: Office of Detention and Removal Strategic Plan, 2003-2012 Endgame is the Immigration and Customs Enforcement (ICE), Office of Detention and Removal (DRO) multi-year strategic enforcement plan. The DRO strategic plan sets in motion a cohesive enforcement program with a ten-year time horizon that will build the capacity to “remove all removable aliens,” eliminate the backlog of unexecuted final order removal cases, and realize it’s vision: Within ten years, the Detention and Removal Program will be able to meet all of our commitments to and mandates from the President, Congress, and the American people.” Read more… The Real Deal: Detaining America’s Immigrants: Is this the Best Solution? Although detention is not criminal in nature, thousands of immigrants are detained in places that look, smell, and feel like prisons. Immigrants consistently complain about lack of access to basic medical care and phones, food, overcrowding, and limited access to fresh air. While the government has standards on how immigrants should be treated (see further down the list of resources), jails regularly opt out of enforcing the standards. They get away with this practice because, at present, the standards are not legally binding. What’s the problem with building more immigration jails? Read more… Summary of Select ICE Detention Standards (American Bar Association Commission on Immigration) In November 2000, U.S. Immigration and Customs Enforcement (ICE; formerly the Immigration and Naturalization Service or INS) issued detailed detention standards to ensure consistent treatment and care for detainees in immigration custody. The ICE Detention Standards took effect at 28 facilities in January 2001, including 18 ICE-owned and operated Service Processing Centers (SPCs) and contract detention facilities (CDFs) and 10 county jails. The ICE Detention Standards have since been implemented at almost all facilities holding ICE detainees, which include those county and local jails with an Intergovernmental Service Agreement (IGSA) with ICE, with the exception of facilities operated by the Federal Bureau Prisons. The ICE Detention Standards are not codified, and thus their violation does not confer a cause of action in court. Read more… Know Your Rights- Comic (Casa de Maryland, Department of Education and Department of Advocacy) Some people who are not United States citizens have been arrested or detained by the U.S. government. Learn how to protect yourself if this happens to you! Read more in English or Spanish here… I am in Immigration Detention… What are my Rights? (National Immigration Project of the National Lawyers Guild and Detention Watch Network) Provides a comprehensive overview of rights and what to expect throughout the detention, processing, hearing, and deportation process. Read more… Pre-Raid Community Safety Plan: Building Capacity for the Safety of the Immigrant Community (Detention Watch Network, Families for Freedom, National Immigration Project, March 2007) Step-by-step outline of how to build a pre-raid community safety plan through coalitions, community education, media advocacy, and encouraging ICE to exercise discretion (that is, not deport people). Read more… From Raids to Deportation: A Community Resource Kit (Detention Watch Network, National Immigration Project) Outlines emergency response to raids in the first 72 hours, important background information, how to locate someone in detention, how to work with family members, how to deal with ICE after a raid or arrests, how to contact a person in detention or organize a visit to a detention center, how to find attorneys for case consultation, how to get someone out of immigration detention, how to send the government a complaint about detention conditions or treatment by ICE, some rapid response ideas and tactics, and resources for case management. Read more… How to be Prepared for an Immigration Raid (National Immigration Law Center, March 2007) Given increased enforcement activity in recent months by U.S. Immigration and Customs Enforcement (ICE), it is important that immigrant rights advocates and local communities be prepared in the event of a raid. Read more… |
| Planning
Mass Actions Legal Observer Training Manual (National Lawyers Guild) The Legal Observer program is part of a comprehensive system of legal support coordinated by the National Lawyers Guild designed to enable people to express their political views as fully as possible, without unconstitutional disruption or interference by the government and with the least possible consequences from the criminal justice system. The primary role of the Legal Observer is to the eyes and ears of the legal team—to observe and record incidents and the activities of law enforcement in relation to demonstrators. Read more… Day of Action Toolkit/ Día de Acción- Información Básica (El Pueblo) Provides tips for volunteers during demonstrations, know your rights information, sample letters to employers and school officials for walk-outs, suggested talking points for media, sample slogans, sample letters to Congressional Members, and sample press releases. THIS TOOLKIT IS BEING UPDATED… STAY TUNED. Read the 2006 toolkit in English and Spanish here… |
