New TRAC Reports Show a Staggering Immigration Caseload and an Unrelated Drop in Federal Prosecutions
originally posted by Travis Packer for Immigration Impact [click here]

The Transactional Records Clearinghouse (TRAC) reports that the backlog in U.S. Immigration Courts reached an all-time high of 228,421 cases in the first months of fiscal year (FY) 2010. However, the Executive Office for Immigration Review (EOIR) is taking important steps to alleviate this backlog by attempting to hire more immigration judges. The number of cases awaiting a hearing is up 23% from the end of FY 2008, and up 82% from 10 years ago. This has led to the average pending time for each individual case at the EOIR to rise to an all time high of 439 days.

The case backlog has likely risen due to the slow pace of hiring immigration judges, which has not kept up with turnover. In 2006, then Attorney General (AG) Alberto Gonzales asked for more funding for immigration judges in response to a number of appellate decisions critical of EOIR. Currently, there is funding for 280 judges, yet there are only 227 employed—down from 229 in April 2009.

The end result of this judge shortage is not only the 439 day average wait time (even worse in L.A. or Boston at 713 and 612 days respectively), but that when petitioners finally get in front of the court, the judge has on average only 70 minutes to hear the case—the second lowest total time to hear a case since 1998.

In a letter responding to the TRAC report, Thomas Snow, Acting Director of EOIR, assured the public that the vacancies were being filled. Snow stated that EOIR has reviewed over 1,750 applications, interviewed 125 candidates, and expects that once AG Eric Holder makes his selections, they will have the full compliment of 280 judges.

While the large caseload, extended processing times, and minimal time per case for a judge are certainly troubling problems, it is encouraging to see that EOIR is making an effort to alleviate this situation. Hopefully, the vacancies will be filled soon and the backlogs and processing times will decrease. If not, or if the new appointments fail to make a dent in caseloads, it will be time to reassess EOIR’s practices and hiring initiative.

On the opposite end of the spectrum, TRAC also reports that rates of federal criminal immigration prosecutions in the first quarter of FY 2010 are down 8.8% compared to FY 2009. If the current rate stays steady for the next three quarters, there will be 83,722 prosecutions in FY 2010—as compared to 91,899 in FY 2009. Despite the drop, the rate of federal criminal immigration prosecutions is still up 5.5% from FY 2008 and 123% from FY 2005.

The decline is driven by a drop in these prosecutions by Customs and Border Protection (CBP), who are responsible for 82% of the investigations leading to federal criminal immigration prosecutions. Other organizations prosecutions rates (Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services) remained steady.

The numbers for specific types of prosecutions changed as follows:

  • Prosecutions for illegal reentry were up 21% for CBP and 9% for ICE in the first quarter of FY 2010.
  • Prosecutions for illegal entry, often carrying no prison sentence, were down 24% in the first quarter of 2010. This represents a potential drop from 52,718 prosecutions in FY 2009 to 39,928 in FY 2010.
  • CBP, which handles 98% of all illegal entry prosecutions, saw the illegal entry prosecutions as a percentage of their total prosecutions drop from 78% in FY 2009 to 58% in the first quarter of FY 2010. Illegal reentry rose from 30% in FY 2009 to 35% in the first quarter of FY 2010.

So what do all of these numbers mean? It’s probably hard to say with any real authority. Likely, because of the economy, the number of persons attempting to cross the border is down. It may also be the case that CBP is focusing more on illegal reentry offenders as opposed to those entering for the first time. What is certain, however, is that AG Eric Holder will face questions about these numbers next week when he comes in front of the Senate Judiciary Committee for an oversight hearing.

Photo by ttcopley

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Mississippi Ends Draconian Segregation Policy Against Prisoners with HIV
originally posted by Suzanne Ito, ACLU for Blog of Rights: Official Blog of the American Civil Liberties Union [click here]

One down, two to go.

Today we’re happy to announce the Mississippi Department of Corrections (MDOC) has agreed to stop segregating prisoners with HIV. South Carolina and Alabama remain the only states that continue to segregate prisoners with HIV.

These segregation policies are a result of decades-old fear and hysteria and paranoia about HIV. As Rachel Maddow and the ACLU’s Margaret Winter pointed out last year,

[…]During a federal trial in the mid-1990s, an Alabama warden testified that the segregation policy was an essential security measure since people with HIV were as dangerous as rattlesnakes…A warden at the women’s prison in Alabama testified that it was too dangerous to allow prisoners with HIV to attend chapel because they might leap from their seats and bite someone to deliberately infect them with the disease.

But public and correctional health experts agree that this fear is totally unfounded, and there is no medical basis for segregating prisoners with HIV within correctional facilities. Regardless of this, since 1987, MDOC has performed mandatory HIV tests on all prisoners entering the state prison system, and has permanently housed all male prisoners with HIV in a segregated unit at the Mississippi State Penitentiary, the state’s highest security prison. So prisoners who would normally be housed in low-custody facilities were forced  to serve their sentences in more violent, more expensive prisons, because they have HIV.

This change in policy is just the latest success after years of advocacy by the ACLU’s National Prison Project and Human Rights Watch on behalf of prisoners with HIV. In 2001, MDOC ended its policy of excluding prisoners with HIV from in-prison vocational, educational and religious programs. And in 2004, as a result of a class action lawsuit filed by the ACLU on behalf of all Mississippi prisoners with HIV, MDOC ended its policy of excluding prisoners with HIV from the state’s work release and community corrections programs.

Yesterday’s New York Times reported that a new Pew Center report has found a slight decline in state prison populations, attributable, in part, to states looking to save money by incarcerating less people. This is done mostly by keeping parolees from landing back in prison, which is accomplished by providing the kinds of rehabilitative services that were once denied prisoners with HIV, such as education and work release programs.

So these reforms not only end discriminatory and unjust policies, but they’re grounded in good correctional and fiscal policy as well.

So Alabama and South Carolina, what are you waiting for?

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Let the Sunshine In
originally posted by Rachel Myers, ACLU for Blog of Rights: Official Blog of the American Civil Liberties Union [click here]

The last signs of Snowpocalypse have long since disappeared, and the cherry blossoms are starting to peek through. Spring is making its triumphant return. But even though we’ve got an extra hour of daylight to look forward to, some folks in our nation’s capital seem determined to stay out of the sun.

Which is too bad — it is Sunshine Week, after all.

At best, you could say that President Obama’s promise of increased government transparency has had mixed results. On the one hand, the president took steps in the right direction when he issued a new government directive and an executive order to reduce secrecy. On the other hand, the government continues to withhold key information about everything from the prisoners at Bagram, to the use of predator drones to target and kill people, to deaths in immigration detention. And according to an Associated Press review of Freedom of Information Act (FOIA) reports filed by 17 government agencies, use of almost all of the FOIA’s nine exemptions to withhold information from the public actually rose in fiscal year 2009.

And it just keeps coming. Just this week — Sunshine Week! — in response to a long-standing ACLU FOIA lawsuit for information related to the torture of prisoners in U.S. custody overseas, the CIA actually blacked out a letter that was already public. Michael Isikoff has images and commentary over at Newsweek.

The American people need to know the extent of abuses that have taken place in their name. We’ve said it before and we’ll say it again: we can’t sweep the abuses of the past under a rug. It’s time to do some spring cleaning, and bring the facts into the light.

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Sorry, Charlie.
originally posted by Risha Foulkes, Women's Rights Project for Blog of Rights: Official Blog of the American Civil Liberties Union [click here]

But you’re just not playing by the rules. Today, the ACLU and North Carolina Justice Center filed a lawsuit against Captain Charlie’s Seafood, Inc., for unlawfully discriminating against female employees by restricting them to certain work solely because they’re women.

The phrase “equal pay for equal work” is a familiar refrain in the United States. But Captain Charlie’s recruited our three plaintiffs in Mexico, inviting them to process seafood in North Carolina as guestworkers under the H-2B visa program. Migrant workers like our Spanish-speaking plaintiffs tend to be linguistically isolated, housed in remote, rural areas, and unaware of U.S. labor laws and the resources available to underpaid workers. And women often face additional exploitation because employers believe they don’t need to earn as much money as men, or that they’re not capable of performing the same work. For these workers, sex discrimination is an everyday occurrence, whether it’s in the form of job restrictions, pregnancy discrimination, or sexual harassment on the job.

But our clients are speaking up. They knew when they arrived at Captain Charlie’s that it wasn’t fair they were only allowed to do “crab picking” work, which entails removing and cleaning the meat from the cooked crabs. The men they worked with were allowed to cook the crabs, carry them to the tables, and handle the crab traps—all jobs that the women were physically capable of doing too. There was more of the “men’s work” available, and the women sometimes had to sit around with nothing to do, passing up opportunities to earn money they had counted on making for their families and themselves. After several months of this discrimination, Captain Charlie’s laid off approximately 20 women.

To add insult to injury, Captain Charlie’s refused to reimburse the women for visa fees and the cost of travel from Mexico. (The company is required under the Fair Labor Standards Act to cover these fees and costs when workers’ expenses are high enough that their net earnings fall below the minimum wage.)

Today’s lawsuit charges that Captain Charlie’s discriminated against the women on the basis of sex by restricting them to certain work, in violation of North Carolina public policy, which prohibits such gender-based employment decisions. The lawsuit also charges that the company violated the Fair Labor Standards Act and the North Carolina Wage and Hour Act (PDF) in underpaying workers and failing to reimburse them for travel and visa expenses. The women have also filed charges of unlawful discrimination with the Equal Employment Opportunity Commission, claiming that the gender-based job restrictions violated Title VII of the Civil Rights Act.

We hope that our plaintiffs’ demand for equal pay and equal work will echo throughout North Carolina’s seafood processing industry, and beyond.

CORRECTION: A previous version of this post stated that Captain Charlie’s is required by the U.S. Department of Labor and the North Carolina Employment Security Commission to cover the cost to bring the women to North Carolina from Mexico. That was incorrect. The Fair Labor Standards Act requires the company to cover these fees and costs when workers’ expenses are high enough that their net earnings fall below the minimum wage.

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The Implied Bigotry of NumbersUSA
originally posted by Jill Garvey for IMAGINE 2050 » Immigration [click here]

Beck at a CofCC event

Beck at a CofCC event

NumbersUSA operates at the nerve center of the most influential anti-immigrant network in the country.

This network, created by John Tanton, consists of over two dozen lobby, legal, legislative, and environmental groups that have penetrated mainstream social and political discourse. Of late, no group has been more successful than NumbersUSA, which is leading a vicious campaign against immigration reform advocates. NumbersUSA was founded in 1997 under the financial umbrella of Tanton’s U.S., Inc.

Unlike Tanton’s other groups, NumbersUSA strategically avoids overt white nationalist rhetoric in favor of emphasizing the alleged negative economic and environmental impacts of immigrants. Based in Arlington, VA, NumbersUSA presently consists of three legally distinct but financially intertwined organizations: NumbersUSA Education & Research Foundation, NumbersUSA Action, Inc., and Americans for Better Immigration.

Roy Beck is the executive director of NumbersUSA Education & Research Foundation, NumbersUSA Action, Inc., and chairman of Americans for Better Immigration. Looking at Form 990s from each group, Beck is listed as a paid employee at all three. Compensated a whopping $274,500 in 2007 alone, Beck’s paycheck is more than five times the net income of an average American. Not bad for a gig at a “grassroots” organization.

Last week Beck laid bare his plot, called “S.T.O.P. Amnesty” to defeat a powerful march for immigration reform. NumbersUSA’s troops of choice are tea partiers and hard-core anti-immigrant activists. Beck all but ordered fractured tea partiers to fall in line behind his anti-immigrant agenda on a conference call last week. As evidenced at the national tea party convention, beating up on immigrants appeals to many tea party members; however, one has to wonder if they would be so enthusiastic were they to know about Beck’s views on population control.

Just in case the tea partiers don’t stick to the anti-immigrant talking points, Roy Beck is using his environmental background and population growth “expertise” to push anti-immigrant sentiment among the conservation crowd.

Under a coalition called America’s Leadership Team for Long Range Population Immigration-Resource Planning, NumbersUSA is partnering with the American Immigration Control Foundation (AICF). AICF president John Vinson regularly writes for the white supremacist organization Council of Conservative Citizens. Vinson is also a founding member of the racist League of the South.

This year NumbersUSA released a report with Californians for Population Stabilization (CAPS). Rick Oltman, the media director of CAPS, was listed as a member by the Council of Conservative Citizens. Oltman also lost a Republican Party post in California after he supported physical attacks on undocumented immigrants.

While population growth is certainly a legitimate issue to address, just based on its ties to white nationalism as outlined above, NumbersUSA should be excluded from the discussion.

NumbersUSA supporters argue that the organization is merely a grassroots operation trying to protect American workers, but they conveniently ignore its ties to organized bigotry and murky financial structure. At the beginning of the week NumbersUSA’s campaign was heartily promoted by white nationalist David Duke. Nothing conveys “tolerance” quite like a pat on the back from a former Grand Wizard of the Knights of the Ku Klux Klan.

And what should be made of yesterday’s alert on NumbersUSA’s website that stated, “Organizers for the Amnesty March are providing transportation for marchers and have a website dedicated to helping marchers organize before Sunday. Immigration Equality is also providing transportation for the LGBT community, encouraging them to take part in the Amnesty March.”

It sounds as if NumbersUSA is pushing the buttons of some of its say, more extreme supporters, who may be into both gay and immigrant bashing.

Whether it’s in far-right conservative, working-class, or environmental communities, NumbersUSA, along with a host of related anti-immigrant groups, is trying to stir up trouble, not find solutions.

The answers to immigration issues will not be found through NumbersUSA’s brand of political extremism, but rather a vision that includes immigrants and native-born U.S. citizens working together to achieve a better life for all Americans.

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