December 6, 2007

Agents seize over 2 1/2 tons of drugs

Agents seize over 2 1/2 tons of drugs

Special to the Avalanche

MARFA - Drug smugglers continue to try to get past agents of the U.S. Border Patrol's Marfa Sector to little avail; recent seizures of marijuana have totaled more than 5,230 pounds.

The biggest load came about 1 a.m. Sunday, Dec, 2, when a Florida man driving an 18-wheeler tried to get through the Sierra Blanca checkpoint on Interstate 10.

A Border Patrol K-9 alerted to the trailer. When agents inspected, they discovered 2,328 pounds of marijuana in cellophane bundles among a load of lettuce.

The driver and a passenger were legal resident aliens from Nicaragua residing in Florida, according to the Border Patrol. The drug's street value was place at $1.86 million.

Friday afternoon, Alpine agents reported that they were alerted to footprints near Elephant Mountain south of town. Agents followed the footprints and other signs for about four hours before they spotted four men with large sugar sacks used as backpacks.

The men, citizens of Mexico in the country illegally, were arrested and over $170,400 in marijuana weighing 213 pounds was seized.

Sanderson agents reported seizing over 200 pounds of marijuana when they stopped a vehicle near Dryden after it reportedly dropped off some passengers.

The driver, a naturalized U.S. citizen, was arrested when agents found 238 pounds of marijuana valued at over $190,000, the Border Patrol reported. The backpackers eluded the agents.

In another incident agents reported seizing 2,451 pounds of marijuana in the trailer of an 18-wheeler on Nov. 28 at the Sierra Blanca Station on Interstate 10.

While agents were conducting an immigration check on the driver, 44-year-old legal permanent resident from El Paso, a K9 alerted to the presence of people or narcotics in the trailer, agents said. The marijuana was valued at $1.96 million.

In all cases, the smugglers, the vehicles and the drugs were turned over to the federal Drug Enforcement Administration.

http://www.alpineavalanche.com/articles/2007/12/06/news/news09.txt

December 5, 2007

Arrests of illegal immigrants double in Dallas-Fort Worth

08:58 AM CST on Wednesday, December 5, 2007

By DIANNE SOLÍS / The Dallas Morning News

New fugitive operations teams more than doubled their arrests of illegal immigrants in North Texas during the past fiscal year, U.S. Immigration and Customs Enforcement officials said Tuesday.

ICE officials said the teams made 1,635 arrests in the 2007 fiscal year, up from 606 arrests in the previous year.

But only 699 of those arrested – fewer than half – were people classified by ICE as "fugitives" – foreign-born people in the U.S. unlawfully who have failed to appear for immigration hearings or who fail to leave the country after having been ordered to do so by a federal immigration judge. The rest were illegal immigrants captured at locations visited by ICE. Arrested immigrants with criminal convictions numbered 168, according to ICE.

Tina Tucker, deputy field operations director for detentions and removal, attributed the increase in arrests to an increase in the teams. There are now 75 such teams in the nation, up from 50 a year ago. Three teams, up from one a year ago, are located in the Dallas regional office of ICE.

A year ago, an inspector general's report for the Homeland Security Department found that there were about 624,000 illegal immigrants classified as fugitives in the U.S. Since then, the backlog has been whittled to fewer than 595,000, ICE officials said Tuesday.

"This is the first year that we have actually shown a reduction in fugitives," Ms. Tucker said.

November 29, 2007

Half of Immigrants in Texas Are Illegal, Report Finds

Half of Immigrants in Texas Are Illegal, Report Finds
By BOB DART
Cox News Service

Thursday, November 29, 2007
WASHINGTON — Half of the nearly 3.5 million immigrants living in Texas are in the country illegally, the Center for Immigration Studies says in a report released Thursday.

Based on the latest Census Bureau data, the report said Texas has one of the fastest growing immigrant populations of any state. It said that 50 percent of the state's foreign-born population — slightly more than 1.7 million people — are illegal immigrants. Only Arizona at 65 percent, North Carolina at 58 percent and Georgia at 53 percent had a higher proportion of illegal immigrants in their immigrant populations.

Many people within the undocumented population are unskilled workers and tend to go to states where they can find those types of jobs, explained Flavia Jimenez, a senior policy analyst with the National Council of La Raza, a nonpartisan advocacy group for Hispanic Americans. And many go where there are already family members.

The influx of immigrants into Texas reflects the national trend, the report showed. The nation's immigrant population — legal and illegal — reached a record of 37.9 million in 2007. Nearly one in three of these newcomers is here illegally. Half of the immigrants from Mexico and Central America are in the country illegally and one-third of those from South America are illegal immigrants.

The report documents this surge of new arrivals and describes its impact.

"The last seven years have been the highest period of immigration in American history," the report concluded. "Immigrants and their young children (under 18) now account for one-fifth of the school-age population, one-fourth of those in poverty and nearly one-third of those without health insurance."

Immigration accounts for nearly all of the national increase in public school enrollment over the past two decades, the report said. In 2007, there were 10.8 million school-age children from immigrant families in the United States — about one in five of the nation's school-age kids.

In Texas, 26.7 percent of the school-age (5-17) population had immigrant fathers. About half of these immigrant children — 13 percent of the state's total school age population — were illegal immigrants or the offspring of illegal immigrants.

About one-third of all families nationally headed by an immigrant use at least one welfare program — compared to less than one-fifth for native households, the report said. The percentage in Texas exceeds the national average with 39.2 percent of immigrant households using at least one welfare program compared to 21.1 percent of native households.

"Setting aside the lower socio-economic status of immigrants, no nation has ever attempted to incorporate nearly 38 million newcomers into its society," the report warned.

The report is called "Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population." It was written by Seven Camarota, research director for the Center for Immigration Studies, a nonpartisan think tank that advocates reductions in immigration. The data came from the March 2007 Current Population Survey collected by the Census Bureau.

"There is nothing surprising in the report. These are the same kind of findings we have seen with other research," said Jimenez. "This is further proof that, in our opinion, this country needs to fix its immigration system."

The report said immigrants and their U.S.-born children under the age of 18 now make up 21 percent of Texas' population. Children born in the United States are citizens even if their parents are illegal immigrants.

The number of immigrants in Texas has risen rapidly in a little over a decade — growing from 2.2 million in 1995 to 2.6 million in 2000 to nearly 3.5 million in 2007. Since 2000, the state's immigrant population has increased 32.7 percent.

The median household income for immigrant households in Texas is lower than the median household income for native households — $32,998 for immigrants compared to $46,332 for native households. Since the number of people in a household is 3.3 for immigrants compared to 2.5 for natives, the per-person median income is a more dramatic 46 percent higher for natives — $18,533 compared to $9,996.

In Texas, 48.4 percent of the immigrants age 18 or older did not have a high school diploma, compared to 10.5 percent of the native population. The report said 56.8 percent of the state's immigrants and their children lived in or near poverty, compared to 32.6 percent of the native population and its children.

In Texas, 61.1 percent of immigrants and their children are uninsured or on Medicaid, double the 30.2 percent of natives and their children in the same circumstances. As citizens, the children of illegal immigrants are eligible for Medicaid.

"For state governments, Medicaid is a particular concern because between one-third to one-half of the program's costs are typically borne by state taxpayers," the report said.

Half of Immigrants in Texas Are Illegal, Report Finds

By BOB DART
Cox News Service
Thursday, November 29, 2007

WASHINGTON — Half of the nearly 3.5 million immigrants living in Texas are in the country illegally, the Center for Immigration Studies says in a report released Thursday.

Based on the latest Census Bureau data, the report said Texas has one of the fastest growing immigrant populations of any state. It said that 50 percent of the state's foreign-born population — slightly more than 1.7 million people — are illegal immigrants. Only Arizona at 65 percent, North Carolina at 58 percent and Georgia at 53 percent had a higher proportion of illegal immigrants in their immigrant populations.

Many people within the undocumented population are unskilled workers and tend to go to states where they can find those types of jobs, explained Flavia Jimenez, a senior policy analyst with the National Council of La Raza, a nonpartisan advocacy group for Hispanic Americans. And many go where there are already family members.

The influx of immigrants into Texas reflects the national trend, the report showed. The nation's immigrant population — legal and illegal — reached a record of 37.9 million in 2007. Nearly one in three of these newcomers is here illegally. Half of the immigrants from Mexico and Central America are in the country illegally and one-third of those from South America are illegal immigrants.

The report documents this surge of new arrivals and describes its impact.

"The last seven years have been the highest period of immigration in American history," the report concluded. "Immigrants and their young children (under 18) now account for one-fifth of the school-age population, one-fourth of those in poverty and nearly one-third of those without health insurance."

Immigration accounts for nearly all of the national increase in public school enrollment over the past two decades, the report said. In 2007, there were 10.8 million school-age children from immigrant families in the United States — about one in five of the nation's school-age kids.

In Texas, 26.7 percent of the school-age (5-17) population had immigrant fathers. About half of these immigrant children — 13 percent of the state's total school age population — were illegal immigrants or the offspring of illegal immigrants.

About one-third of all families nationally headed by an immigrant use at least one welfare program — compared to less than one-fifth for native households, the report said. The percentage in Texas exceeds the national average with 39.2 percent of immigrant households using at least one welfare program compared to 21.1 percent of native households.

"Setting aside the lower socio-economic status of immigrants, no nation has ever attempted to incorporate nearly 38 million newcomers into its society," the report warned.

The report is called "Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population." It was written by Seven Camarota, research director for the Center for Immigration Studies, a nonpartisan think tank that advocates reductions in immigration. The data came from the March 2007 Current Population Survey collected by the Census Bureau.

"There is nothing surprising in the report. These are the same kind of findings we have seen with other research," said Jimenez. "This is further proof that, in our opinion, this country needs to fix its immigration system."

The report said immigrants and their U.S.-born children under the age of 18 now make up 21 percent of Texas' population. Children born in the United States are citizens even if their parents are illegal immigrants.

The number of immigrants in Texas has risen rapidly in a little over a decade — growing from 2.2 million in 1995 to 2.6 million in 2000 to nearly 3.5 million in 2007. Since 2000, the state's immigrant population has increased 32.7 percent.

The median household income for immigrant households in Texas is lower than the median household income for native households — $32,998 for immigrants compared to $46,332 for native households. Since the number of people in a household is 3.3 for immigrants compared to 2.5 for natives, the per-person median income is a more dramatic 46 percent higher for natives — $18,533 compared to $9,996.

In Texas, 48.4 percent of the immigrants age 18 or older did not have a high school diploma, compared to 10.5 percent of the native population. The report said 56.8 percent of the state's immigrants and their children lived in or near poverty, compared to 32.6 percent of the native population and its children.

In Texas, 61.1 percent of immigrants and their children are uninsured or on Medicaid, double the 30.2 percent of natives and their children in the same circumstances. As citizens, the children of illegal immigrants are eligible for Medicaid.

"For state governments, Medicaid is a particular concern because between one-third to one-half of the program's costs are typically borne by state taxpayers," the report said.

November 2, 2007

Illegal immigrants filling county jails

Illegal immigrants filling county jails
By Sean Thomas
sean.thomas@amarillo.com

Illegal immigrants are taking roost in three Panhandle jails and causing crowding issues.

Ochiltree County is making plans to deal with extra inmates in part because of illegal immigrants who have committed state crimes. Immigration and Custom Enforcement place holds on illegal immigrants, making it difficult for them to bond out of jail.

Ochiltree Sheriff Terry Bouchard said a proposed agreement between Ochiltree County Jail and the Dallam-Hartley County Jail will allow the county to ship inmates to the bi-county jail at $40 per day per inmate.

Moore and Carson County both ship inmates to other jails but would have their crowding issues relieved if illegal immigrants could bond out.

"We've managed to stay under (capacity) so far, but we want some kind of safety mechanism in case we run over," Bouchard said.

Ochiltree' 32-bed facility is 51 years old and typically runs an average of 26 inmates.

This week the county had nine inmates with ICE holds placed on them.

"When immigration places a hold on that person, the bondsmen don't want to bond them," Bouchard said. "If they do bond out, ICE will pick them up."

Ken Knowles, owner of Central Bail Bonds, which covers about 90 counties, said it ultimately depends on whether local jails will work with the bonding companies and the credibility of the inmate.

"I know some of these smaller jails due to the overcrowding and the overpopulation of immigrants, if these people have jobs and are somewhat stable, they will cut them loose on our bond," Knowles said. "We do post bonds on them if the credibility is there."

Ochiltree won't be stuck with illegal immigrants for inmates indefinitely. After they serve for the state crime, Bouchard said they are picked up by ICE.

Moore County Jail has six inmates at the Dallam-Hartley County Jail and still has 58 inmates in its 62-bed facility.

Corrections Officer Christie Rex said most of the 11 inmates with ICE holds have misdemeanor charges against them.

"If they were able to bond on those charges, my jail wouldn't nearly be as full. That would help us," Rex said.

Most of the jail officials did agree that ICE was punctual about picking up inmates once they had resolved their state issues.

Carson County Sheriff Tam Terry has two inmates staying with Armstrong County to help ease crowding at his 24-bed facility. Terry's nine inmates with ICE holds all face first-degree felonies.

"They are here and I can't get rid of them," Terry said. "If five of them were able to make a bond, that would help us out."

http://www.amarillo.com/stories/110207/new_8803901.shtml

November 1, 2007

Oklahoma Taxpayer and Citizen Protection Act of 2007

This is the html version of the file http://webserver1.lsb.state.ok.us/2007-08HB/HB1804_int.rtf.

STATE OF OKLAHOMA


1st Session of the 51st Legislature (2007)


HOUSE BILL 1804 By: Terrill (SENATE BILL 417)


AS INTRODUCED


An Act relating to illegal immigration; creating the Oklahoma Taxpayer and Citizen Protection Act of 2007; stating legislative purpose; making certain acts unlawful; providing penalties; amending 21 O.S. 2001, Section 1550.42, which relates to identification documentation; requiring issuance of identification documents to certain persons; providing exceptions; stating period of validity; providing for renewal under certain circumstances; providing presumption of validity for renewal, duplication or reissuance of driver license; requiring determination of citizenship status for persons charged with certain crime; requiring verification of persons determined to be a foreign national; providing time limitation for verification; requiring notification to certain entities; deeming certain persons to be a flight risk; requiring certain entity to prepare and issue certain guidelines and procedures; defining terms; requiring participation in certain pilot program; prohibiting certain persons from entering into contracts; providing an exception; providing for cause of action under certain circumstances; requiring certain agency to promulgate certain rules and regulations; requiring agencies and political subdivisions to verify lawful presence of persons applying for certain benefits; providing for nondiscriminatory treatment; excluding verification under certain circumstances; requiring execution of affidavit; requiring certain applicant to receive benefits through the Systematic Alien Verification of Entitlement Program; making certain actions subject to certain criminal penalties; authorizing adoption of variations to stated requirements; requiring certain entities to submit an annual compliance report; requiring Secretary of State to monitor certain program; requiring publication of annual report and certain recommendations; requiring the withholding of percentage of state income tax under certain circumstances; providing for tax liability for noncompliance; providing an exception; directing Attorney General to negotiate terms of certain memorandum; requiring certain signatures; prohibiting certain actions by government entities; authorizing private right of action under certain circumstances; providing for noncodification; providing for codification; and providing an effective date.






BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:

This act shall be known and may be cited as the “Oklahoma Taxpayer and Citizen Protection Act of 2007”.

SECTION 2. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:

The State of Oklahoma finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged by public agencies within this state that provide public benefits without verifying immigration status. The State of Oklahoma further finds that illegal immigrants have been harbored and sheltered in this state and encouraged to reside in this state through the issuance of identification cards that are issued without verifying immigration status, and that these practices impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Oklahoma. Therefore, the people of the State of Oklahoma declare that it is a compelling public interest of this state to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The State of Oklahoma also finds that other measures are necessary to ensure the integrity of various governmental programs and services.

SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 446 of Title 21, unless there is created a duplication in numbering, reads as follows:

A. It shall be unlawful for any person to transport, move, or attempt to transport within the United States any alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, in furtherance of the illegal presence of the alien in the United States.

B. It shall be unlawful for any person to conceal, harbor, or shelter from detection any alien in any place, including any building or means of transportation, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law.

C. Any person violating the provisions of subsections A or B of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year, or by a fine of not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

SECTION 4. AMENDATORY 21 O.S. 2001, Section 1550.42, is amended to read as follows:

Section 1550.42 A. The following entities may create, publish or otherwise manufacture an identification document, identification card, or identification certificate and may possess an engraved plate or other such devise for the printing of such identification; provided, the name of the issuing entity shall be clearly printed upon the face of the identification:

1. Businesses, companies, corporations, service organizations and federal, state and local governmental agencies for employee identification which is designed to identify the bearer as an employee;

2. Businesses, companies, corporations and service organizations for customer identification which is designed to identify the bearer as a customer or member;

3. Federal, state and local government agencies for purposes authorized or required by law or any legitimate purpose consistent with the duties of such an agency, including but not limited to, voter identification cards, driver's driver licenses, nondriver's nondriver identification cards, passports, birth certificates and social security cards;

4. Any public school or state or private educational institution, as defined by Sections 1-106, 21-101 or 3102 of Title 70 of the Oklahoma Statutes, to identify the bearer as an administrator, faculty member, student or employee;

5. Any professional organization or labor union to identify the bearer as a member of the professional organization or labor union; and

6. Businesses, companies or corporations which manufacture medical-alert identification for the wearer thereof.

B. All identification documents as provided for in paragraph 3 or 4 of subsection A of this section shall be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas.

C. The provisions of subsection B of this section shall not apply when an applicant presents, in person, valid documentary evidence of:

1. A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States;

2. A pending or approved application for asylum in the United States;

3. Admission into the United States in refugee status;

4. A pending or approved application for temporary protected status in the United States;

5. Approved deferred action status; or

6. A pending application for adjustment of status to legal permanent residence status or conditional resident status.

Upon approval, the applicant may be issued an identification document provided for in paragraph 3 or 4 of subsection A of this section. Such identification document shall be valid only during the period of time of the authorized stay of the applicant in the United States or if there is no definite end to the period of authorized stay, a period of one (1) year. Any identification document issued pursuant to the provisions of this subsection shall clearly indicate that it is temporary and shall state the date that the identification document expires. Such identification document may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification document has been extended by the United States Immigration and Naturalization Service or the Bureau of Citizenship and Immigration Services of the United States Department of Homeland Security.

D. Any driver license for which an application has been made for renewal, duplication or reissuance shall be presumed to have been issued in accordance with the provisions of subsection C of this section, provided that, at the time the application is made, the driver license has not expired, or been cancelled, suspended or revoked. The requirements of subsection C of this section shall apply, however, to a renewal, duplication or reissuance if the Department of Public Safety is notified by a local, state or federal government agency that the individual seeking such renewal, duplication or reissuance is neither a citizen of the United States nor legally in the United States.

SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 171.2 of Title 22, unless there is created a duplication in numbering, reads as follows:

A. When a person charged with a felony or with driving under the influence pursuant to Section 11-902 of Title 47 of the Oklahoma Statutes is confined, for any period, in the jail of the county, any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the citizenship status of the person so confined.

B. If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within forty-eight hours through a query to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.

C. For the purpose of determining the grant of or issuance of bond, a person whose citizenship status has been verified pursuant to subsection B of this section to be a foreign national who has not been lawfully admitted to the United States, shall be deemed to be a risk of flight.

D. The Oklahoma Sheriffs' Association shall prepare and issue guidelines and procedures used to comply with the provisions of this section.

SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1312 of Title 25, unless there is created a duplication in numbering, reads as follows:

As used in Sections 6 and 7 of this act, the term:

1. “Basic Pilot Program” shall mean the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L 104-208, Division C, Section 403(a); 8 U.S.C. 1324a, and operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security or any other designated federal agency authorized to verify the work authorization status of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603;

2. “Public employer” means every department, agency, or instrumentality of the state or a political subdivision of the state; and

3. “Subcontractor” includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.

SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1313 of Title 25, unless there is created a duplication in numbering, reads as follows:

A. Every public employer shall register and participate in the Basic Pilot Program to verify the work authorization status of all new employees.

B. 1. No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the Basic Pilot Program to verify the work authorization status of all new employees.

2. No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the Basic Pilot Program to verify information of all new employees.

3. The discharge of any United States citizen or permanent resident alien employee by an employer of this state, who, on the date of the discharge employed an unauthorized alien, shall be an unfair trade practice as defined in Section 752 of Title 15 of the Oklahoma Statutes. The discharged employee shall have a private cause of action for such unfair trade practice.

C. The provisions of this section shall be enforced without regard to race or national origin.

D. The Department of Labor shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate the provisions of this section and publish such rules and regulations on the Department of Labor website.

SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 71 of Title 56, unless there is created a duplication in numbering, reads as follows:

A. Except as provided in subsection C of this section or where exempted by federal law, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person fourteen (14) years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state.

B. The provisions of this section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

C. Verification of lawful presence under the provisions of this section shall not be required:

1. For any purpose for which lawful presence in the United States is not restricted by law, ordinance, or regulation;

2. For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure;

3. For short-term, noncash, in-kind emergency disaster relief;

4. For public health assistance for immunizations with respect to diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or

5. For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the sole and unreviewable discretion of the United States Attorney General after consultation with appropriate federal agencies and departments, which:

a. deliver in-kind services at the community level, including through public or private nonprofit agencies,

b. do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the income or resources of the individual recipient, and

c. are necessary for the protection of life or safety;

or

6. For prenatal care.

D. Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall require that the applicant execute an affidavit under penalty of perjury that:

1. He or she is a United States citizen; or

2. He or she is a qualified alien under the federal Immigration and Nationality Act, and is lawfully present in the United States.

E. For any applicant who has executed the affidavit described in paragraph 2 of subsection D of this section, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this section.

F. Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection D of this section shall be

subject to criminal penalties applicable in this state for fraudulently obtaining public assistance program benefits. If the affidavit constitutes a false claim of U.S. citizenship under 18 U.S.C. Section 911 a complaint shall be filed by the agency requiring the affidavit with the United States Attorney for the Western District of Oklahoma.

G. Agencies or political subdivisions of this state may adopt variations to the requirements of the provisions of this section which demonstrably improve the efficiency or reduce delay in the verification process, or to provide for adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident of Oklahoma.

H. It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of the provisions of this section.

I. Each state agency or department which administers any program of state or local public benefits shall provide an annual report to the Office of the Secretary of State with respect to its compliance with the provisions of this section. Any and all errors shall be reported to the United States Department of Homeland Security by the Secretary of State. The Secretary of State shall monitor the Systematic Alien Verification of Entitlement program and its verification application errors and significant delays and shall provide an annual public report on such errors and significant delays, and recommendations to ensure that the application of the Systematic Alien Verification of Entitlement program is not erroneously denying benefits to legal residents of Oklahoma.

SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2385.32 of Title 68, unless there is created a duplication in numbering, reads as follows:

A. The employer shall be required to withhold state income tax at the rate of six percent (6%) of the amount of compensation paid to an individual which compensation is required to be reported on Form 1099 and with respect to which the individual has failed to provide a valid Social Security Number, issued by the U.S. Social Security Administration.

B. Any employer who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless such employer is exempt from federal withholding with respect to such individual pursuant to a properly filed Internal Revenue Service Form 8233 or its equivalent, and has provided a copy of such form to the Oklahoma Tax Commission.

SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 20J of Title 74, unless there is created a duplication in numbering, reads as follows:

A. The Attorney General is authorized and directed to negotiate the terms of a Memorandum of Understanding between the State of Oklahoma and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of Oklahoma.

B. The Memorandum of Understanding negotiated pursuant to subsection A of this section shall be signed on behalf of this state by the Attorney General and the Governor or as otherwise required by the appropriate federal agency.

C. No local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state.

D. Notwithstanding any other provision of law, no government entity or official within the State of Oklahoma, may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the United States Department of Homeland Security, information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

E. Notwithstanding any other provision of law, no person or agency may prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:

1. Sending such information to, or requesting or receiving such information from, the U.S. Department of Homeland Security;

2. Maintaining such information; or

3. Exchanging such information with any other federal, state, or local government entity.

F. The provisions of this section shall allow for a private right of action by any natural or legal person lawfully domiciled in this state to file for a writ of mandamus to compel any non-cooperating local state governmental agency to comply with such reporting laws.

SECTION 11. This act shall become effective November 1, 2007.


51-1-5519 GRS 01/09/07

Page

Req. No. 5519

October 25, 2007

Hernandez is released

Hernandez is released

By Glenn Willeford / Special to the Avalanche
ROCKSPRINGS - It isn't every day one sees crusty ranchmen wiping tears off their faces. Last Saturday was an exception.

The courthouse square of Edwards County was swollen with people by 5 p.m. One and all awaited the arrival of Rocksprings favorite son Guillermo "Gilmer" L. Hernandez, who had been released from a federal penitentiary earlier in the week.

Rocksprings, the seat of a wool- and mohair-raising county on the western extremity of the Texas Hill Country, had turned out to welcome him home after he served 10 months of a one-year-plus-one-day sentence for violating the civil rights of an illegal immigrant during the course of his duties as deputy sheriff.

Hernandez, who was seated on the back of a flatbed truck holding his small daughter, smiled broadly at the cheers and tears that greeted his arrival about a quarter hour later. As he and his family of three approached the crowd, a cheer went up and the hugs began. Carolyn Anderson, co-publisher of The Rocksprings Record, probably spoke for them all when she said Gilmer had simply been "out doing his job." And then "this" happened.

Just before midnight on April 4, 2005, as Hernandez was preparing to go off duty, a Chevrolet Suburban ran a stop sign at the main intersection in Rocksprings. Hernandez activated his red lights and pursued the vehicle past the edge of town where the SUV stopped.

As the deputy approached the blue Suburban, he said he noticed there were a number of people inside who appeared to be hiding. Hernandez asked the driver to step out, at which time he accelerated and swerved to hit the officer while speeding away.

Hernandez drew his sidearm and fired four shots at one of the tires. His aim was true, and the tire flattened as the Suburban careened away and finally came to a stop several hundred yards up the highway.

The driver and eight occupants fled into the night. One occupant, however, Maricela Rodriguez G., an illegal immigrant who Hernandez says was being smuggled into Texas, had been hit in the mouth by a bullet fragment and had a tooth dislodged. She was transported to an area hospital, treated and released into the custody of her husband, a Texas resident.

Edwards County Sheriff Don G. Letsinger requested an interagency investigation to be conducted by the Texas Department of Public Safety. That investigation concluded that Hernandez did nothing wrong. Nonetheless, the Mexican consul lodged a complaint.

U.S. Attorney Johnny Sutton, an appointee of President George W. Bush, ordered Hernandez's arrest. Sutton offered Hernandez a three-year sentence, probated; nevertheless, the 25-year-old officer, believing he had done nothing wrong, refused the offer and awaited trial.

Sutton had also been responsible for the prosecution of Border Patrol Agents Jose Alonso Compean and Ignacio Ramos, both sentenced to more than 10 years in prison for wounding an illegal immigrant as he ran from a truckload of marijuana after being stopped by the two agents.

Hernandez faced a federal jury in Del Rio, which convicted him of "violating the civil rights" of Rodriguez.

Sheriff Letsinger and other Edwards County citizens attended the trial to show their support for their deputy sheriff.

At sentencing, the federal judge deviated from guidelines and, although refusing to grant probation, delivered Hernandez a "one year plus one day" term in prison, the "one day" being a sentencing variant that would make the defendant eligible for early release.

He went directly to prison, leaving behind his wife and infant daughter.

Speaking to participants last Saturday in Rocksprings, Edwards County Chief Deputy Sheriff Jay Adams said, "You like to think the government's behind you, then something happens, and you find out you don't have any protection."

Two U.S. congressmen, Ciro D. Rodriguez of San Antonio and Ted Poe of Houston, were present. Both pledged to petition the White House for a complete pardon in order to vacate Hernandez's conviction.

http://www.alpineavalanche.com/articles/2007/10/25/front/news05.txt

October 19, 2007

ID card may prevent illegal immigrant arrests in Irving

Mayor, Mexican consul meet on immigration, deportation issues

05:07 AM CDT on Friday, October 19, 2007
By ISABEL MORALES / Al Día

Illegal immigrants may be able to avoid being arrested in Irving if they can provide police with a Mexican identification card, a utility bill or a similar document, the city's mayor said Thursday.

"You have a better chance if you can identify yourself," Mayor Herbert Gears said after meeting with immigration-rights activists. "If you can't identify yourself, you're going to have no chance."

The acceptance of the Mexican ID, known as a matrícula consular, and other documents besides state-issued ID cards comes as activists have encouraged the mayor to help prevent more people from being deported as part of the Criminal Alien Program. Irving officials began using the program in September 2006 and have since turned more than 1,600 arrestees over to federal authorities for deportation.

Mr. Gears explained that if someone is stopped for a traffic violation, that person's chances of avoiding jail will be better with proof of identification. If the police can confirm someone's identity, that person will be issued a citation and let go.

"If you can't identify yourself otherwise and you don't have a license, you will definitely be arrested," Mr. Gears said.

The Mexican Consulate will open a mobile office in Irving to issue the identification cards, but Mexican Consul Enrique Hubbard Urrea and Mr. Gears emphasized that Irving won't accept the cards as official documents, only as a way of identifying someone.

"They are accepting that they believe that this person is who they say they are," Mr. Gears said.

The mayor also agreed to help create an educational campaign to inform people of immigration laws.

Mr. Hubbard, who attended the meeting, said he was pleased with the efforts to resolve immigration issues in Irving.

"We hope that we have moved to a different stage, one of negotiations and understanding," he said. "It has been a fruitful meeting."

One of the activists who attended the meeting, Carlos Quintanilla of Acción América, also saw it as a sign of progress.

"We have come to an agreement between our community and the city of Irving to start a dialogue and work together," he said.

September 29, 2007

Teen says fugitive admitted killing UNT student

Teen says fugitive admitted killing UNT student
By TRACI SHURLEY
Star-Telegram Staff Writer
Fri, Sep. 28, 2007

The Goodwin Family

Handout photo of 2006 Bowie High School graduate Melanie Goodwin, a 19-year-old whose body was found in Carrollton on Tuesday.

The Carrollton teenager arrested Thursday as part of the investigation into the killing of a 19-year-old Arlington girl this week is accused of providing the money and a gasoline can that was used in an attempt to cover up the crime, according to an arrest warrant affidavit released Friday afternoon.

Donovan R. Young, 19, was being held on suspicion of tampering with evidence.

Police are seeking 20-year-old Ernesto Pina Reyes of Denton in connection with the death of Melanie Goodwin, a Bowie High School graduate who was a sophomore at the University of North Texas in Denton.

"We're hopeful he is close. We are hopeful he...wants to come in or at least somehow make contact with us, either directly or through a family member or a friend, and come talk to us and give us his side," said Sgt. John Singleton of the Carrollton police department. Police are asking the public to call a tip line, 972-466-4775, with information about the case.

Authorities found Goodwin's body in Carrollton early Tuesday. The Dallas County medical examiner's office said she died of multiple blunt-force injuries. Her body had been burned.

Young told detectives Thursday night that Reyes showed up at his apartment Tuesday between 2 a.m. and 4 a.m. asking for help, according to the affidavit.

Reyes told Young that, "he killed someone, didn't mean to and needed to get rid of her body," the affidavit states.

Young told police he then saw a dead woman in the back of a red 2002 Saturn Reyes was driving. He then told police that he gave Reyes gas money and a gas can to put it in, the affidavit states.

Reyes then told Young that he would have to go back to Young's apartment after he finished because he had nowhere to go.

After leaving, Reyes returned to Young's apartment one to three hours later. He explained to Young that he had burned the woman's body, the affidavit states.

Both men went to sleep before taking Goodwin's car to the 2100 block of Marsh Lane in Carrolton "to blow it up," the affidavit states.

The car was found later in a different location along Dallas Drive in Denton.

Young and Reyes live less than a quarter mile from each other in Denton, according to addresses listed in their court records.

Young has been charged with misdemeanor marijuana possession twice, according to Denton County court records. He received deferred adjudications, meaning a conviction was not to appear on his record as long as he completed terms of the probation.

On Friday, an assistant district attorney filed a motion asking that Young's probation be revoked and that a judge enter findings of guilty against him in the marijuana cases. One of those motions says Reeves didn't do community service and had a urine test that was positive for marijuana on Sept. 4.

Police said it appears Reyes did not know Goodwin. According to an arrest warrant affidavit released Thursday, a clerk at a Denton QuikTrip saw Reyes asking a woman matching Goodwin's description for a ride about 1:40 a.m. Tuesday.

A little over two hours later, the surveillance video, from a Carrollton business near the site where the burned body was found, captured Reyes driving up in Goodwin's car, according to the affidavit.

Carrollton police Sgt. John Singleton said Thursday afternoon that detectives are working with other law enforcement agencies, including the U.S. marshal's office, to find Reyes. They released a driver's license photo of him and asked anyone with information on his whereabouts to contact local police.

According to the affidavit, police traced calls that Reyes made from a telephone at the convenience store to an acquaintance who identified him as the man seen with Goodwin. That person also told police that Reyes had singed hair and burns on his forearms.

Criminal history

According to court records, Reyes was indicted on a charge of burglary of a building in February 2006 in Denton County. He was sentenced to 30 days in jail, three years' probation and given deferred adjudication, meaning the conviction does not appear on his record as long as he completed terms of the probation.

Then, in early February, Reyes was arrested on a misdemeanor marijuana possession charge and was later released. A Denton County assistant district attorney filed a motion April 12 to revoke his probation and enter a guilty finding on the burglary.

That document says Reyes failed to fulfill the terms of his probation by not completing a drug education program ordered by the court, by failing to attend weekly counseling, by not completing four hours of community service weekly and by possessing marijuana. He was back in the Denton County Jail in late April.

While being held there, U.S. Immigration and Customs Enforcement placed a hold on Reyes, who was born in Mexico but has U.S. permanent resident status, according to officials and police records. The agency took custody of him June 20, jail officials said.

Carl Rusnok, a spokesman for the U.S. Immigration and Customs Enforcement, said in a prepared statement Thursday that the agency eventually released Reyes because his crime was not a deportable offense for legal residents.

Reyes returned to Denton County court Aug. 2 and was sentenced to 180 days in jail on the burglary charge. He was released Aug. 26, according to jail records.

Prayers for family

On Wednesday night, more than 400 people gathered at an Arlington church to pray for Goodwin's family and remember her. She was a graduate of Arlington's Bowie High School and was active in Theatre Arlington.

Patti Diou, former director of Theatre Arlington, met Goodwin about 10 years ago. Over the years, Goodwin was a constant figure for the group, helping with theater camp, setting up children's productions and working the box office.

Staff writers Eva-Marie Ayala, Mitch Mitchell and Domingo Ramirez Jr. contributed to this report.

Suspect at large

Carrollton police issued an arrest warrant late Wednesday for Ernesto Pina Reyes, 20, of Denton. He is wanted on suspicion of murder in the death of Melanie Goodwin, 19, of Arlington, police said in a news release.

Description: Six feet tall, 245 pounds, black hair and brown eyes. Last seen wearing a white striped shirt, short pants and white tennis shoes, according to police.

Seen with a woman matching Goodwin's description about 1:40 a.m. Tuesday at a Denton QuikTrip in the 3700 block of south Interstate 35E, according to an arrest warrant affidavit.

Left the QuikTrip with Goodwin in a red 2002, two-door Saturn with Texas license plates Z57-WBT, police have said. The car was found Wednesday near Dallas Drive in Denton, police said.

Captured on surveillance camera about 4 a.m. in the 3200 block of Keller Springs Road in Carrollton, according to the affidavit.

Have a tip? Anyone with information is asked to contact the Carrollton Police Department at 972-466-4775.

Traci Shurley, 817-548-5494
tshurley@star-telegram.com

September 15, 2007

Hospital weighs charity care for illegal immigrants

Nonemergency services for illegal immigrants debated

08:24 PM CDT on Saturday, September 15, 2007
By JEFF MOSIER / The Dallas Morning News
jmosier@dallasnews.com

A poor illegal immigrant who goes to the John Peter Smith Hospital emergency room in Fort Worth gets the same care at the same price as any other indigent resident.


COURTNEY PERRY/DMN
The Rev. Sergio Diaz is working to expand health care services available for illegal immigrants in Tarrant County. But the same person who goes to a JPS clinic for nonemergency treatment is often faced with a hefty bill. Unlike other large urban public hospital systems in Texas, JPS excludes illegal immigrants from its charity program that provides preventive healthcare.

Trying to balance politics, medicine and money, the Tarrant County Hospital Board of Managers will debate and possibly decide Tuesday whether to spend millions to provide free or low-cost nonemergency medical care to thousands of illegal immigrants.

The Rev. Sergio Diaz of Iglesia San Miguel, an Episcopal church in Fort Worth, said he has been fighting for this issue because of the damage caused by inadequate health care. He said members of his church – many of them illegal immigrants – can't get preventive health care and that some have died from complications from treatable diseases such as diabetes.

"This touches my heart because most of my people are immigrants," said Mr. Diaz, a member of Allied Communities of Tarrant. "I've seen a lot of people suffering."

Health care has become a major part of the national debate about illegal immigration, and the costs even led Dallas County officials to send bills to Mexico and other countries demanding payment for some of its expenses at Parkland Memorial Hospital.

Also Online
09/15/07: Hispanics shift hospitals' resources
The debate has also been simmering for more than a year in Tarrant County, where Allied Communities of Tarrant, a coalition of churches and social-justice activists, has pushed for the expansion of charity care. At the same time, a local conservative group favoring a crackdown on illegal immigration has been urging the board to retain the existing policy.

Dennis Killy, a member of the Tarrant Alliance for Responsible Government, said expanding cheap health care to illegal immigrants is an insult to citizens and to those who came to the United States legally. It simply rewards those who ignore federal law, he said.

"Where does it end?" Mr. Killy said. "When do we stop paying our tax money for something we're getting nothing for?"

Mr. Killy said he believes a significant majority of board members support his group's position and would not change the JPS policy. Officials with Allied Communities of Tarrant said they think it's going to be a closer vote.

Three board members, Erma C. Johnson Hadley, Dan Serna and Ronnie W. Coulson, all declined to comment on how they might vote.

"It's my obligation to leave my mind open," Mr. Serna said.

Mrs. Johnson Hadley, board chairwoman, said this is a difficult decision that generates strong opinions and mixed emotions among many people. She said she met with Sen. John Cornyn and told him that this is something that needs to be addressed in Washington.

"We feel somewhat put out that we're having to deal with a federal issue," she said.


Differing figures

People supporting a tougher stance on illegal immigration see this as a critical financial issue. They worry that a change in policy will cost taxpayers dearly.

The cost of this possible expansion, however, depends on who's adding the numbers.

The hospital district hired Phase 2 Consulting of Austin to conduct a study, which was released in July.

Estimating the number of illegal immigrants in Tarrant County at 107,000, the study calculated that expanding the charity program would cost the hospital district an additional $41.3 million right now. That number would increase to $114.4 million by 2017, according to the study.

Allied Communities of Tarrant conducted its own study in February that came to a dramatically different conclusion. Quoting 18th-century literary figure Samuel Johnson and a passage from the Bible's book of Leviticus in the introduction, the alternative study estimated the cost to be between $2 million and $4.2 million added to the hospital district's $600 million-plus budget.

Parkland officials estimated their cost for nonemergency care for illegal immigrants was $22.4 million in the past year – about halfway between the two Tarrant County estimates.

Patricia Gaffney, a member of Allied Communities of Tarrant who helped research and write the report, challenged some of the basic assumptions of the Phase 2 study. She said that study projects a 56 percent increase in Tarrant County's illegal immigrant population in the next decade even though federal reports show that illegal immigration is decreasing.

Ms. Gaffney also said the Phase 2 study overestimates the number of illegal immigrants who would use the service. Many are wary of government programs because of their immigration status, she said.

Mr. Killy said he is more likely to believe an independent, third-party report than one created by a group advocating for one side of the issue.

Dave McElwee, another member of Tarrant Alliance for Responsible Government, said that aside from the immediate cost, he also worries about the message that expanded health care would send.

"I think there ought to be programs for the indigent but not for those in the country illegally," he said. "All this does is act as a magnet for other illegals."


No extra funds now

If the board votes Tuesday to expand health care, it's not clear how quickly such a change would be implemented, JPS senior vice president Robert Earley said. He said the board and Tarrant County Commissioners have already approved the 2007-08 budget, and no funds are set aside for additional health care costs for illegal immigrants.

This is the second time this issue has come up for Tarrant County. For part of 2004, the board opened up all its programs to illegal immigrants. JPS officials were uncertain about whether a new state law allowed or mandated them to provide nonemergency charity services to illegal immigrants. Mr. Early said a ruling by the Texas attorney general and statements of intent from the sponsor clarified that the law didn't require the expansion.

At the time, JPS officials said the expanded program cost them up to $4 million for six months. Mr. Earley said the participation was probably limited three years ago because the program wasn't actively promoted by the hospital district and there were questions about how long it would last.

The board voted in August 2004 to make immigration status a factor for the JPS charity nonemergency care.

Officials with Allied Communities of Tarrant and the Texas Hospital Association also said most urban public hospitals in the state don't limit health care service because of immigration status, but neither had conducted a comprehensive study.

Dr. Ron Anderson, chief executive of Parkland Memorial Hospital, which does not exempt illegal immigrants from its charity programs, said the decision by JPS did not affect his system.

But he said that it makes sense to get all low-income residents preventive health care in neighborhood clinics. When he came to Parkland in 1982, the system had no clinics and about 182,000 emergency-room visits annually.

Since then, the system opened neighborhood clinics countywide, and the emergency-room visits fell to 145,000 even though the population has nearly doubled.

"The truth is, if you don't provide this care in the clinic, you'll provide this service in the emergency room," Dr. Anderson said.


AT WHAT PRICE?
Two studies were created this year estimating the cost of expanding nonemergency health care to illegal immigrants in the John Peter Smith Hospital system. One was created by Allied Communities of Tarrant, which supports the expansion, and the other by Phase 2 Consulting on behalf of JPS.

ACT study
Current cost $2 million to $4.2 million
Estimated number of illegal immigrants 96,800
Percentage of illegal immigrants projected to use the new service 27 percent

Phase 2 study
Current cost $41.3 million
Estimated number of illegal immigrants 107,000
Percentage of illegal immigrants projected to use the new service 7 percent

August 27, 2007

Regional Roundup Fort Worth

August 28, 2007

Woman, 32, accused
of prostituting girl, 14


A 32-year-old woman remained in custody Monday after being arrested on an accusation of prostituting a 14-year-old girl. Fort Worth police on Saturday arrested Debra Castillo on an accusation of compelling prostitution. Witness told police a woman driving a gray Toyota 4Runner and approaching men asking them if they wanted to have sex with a girl for $50. Police responded and also arrested Jorge Martinez, 32, on an accusation of sexual assault of a child. It was unclear what his relationship was between the girl and Ms. Castillo, police said. Both Ms. Castillo and Mr. Martinez [illegal alien] were transferred to the Mansfield Correctional Facility where they were each held in lieu of $10,000 bond Monday.

From staff reports

August 11, 2007

Suspects in Kaufman teen's death entered U.S. illegally

Suspects in Kaufman teen's death entered U.S. illegally

12:52 PM CDT on Friday, August 10, 2007
Associated Press

PORTLAND, Ore. – Two cousins accused of killing a Texas teenager during her visit to Oregon acknowledged entering the country illegally from Mexico, a federal Immigration and Customs Enforcement official said.

One of the men, Alejandro Rivera Gamboa, 24, went unnoticed by immigration officials even though he was arrested four times on drunken driving charges since 2000, The Oregonian newspaper reported.

He and 23-year-old Gilberto Arellano Gamboa were arrested this week in the death of 15-year-old Dani Countryman of Kaufman, Texas, whose body was found late last month in an apartment southeast of Portland.

Oregon law prohibits local police from actively searching out illegal immigrants, but the rules change when foreigners land in jail. If local authorities find reason to believe the person is deportable, they may notify Immigration and Customs Enforcement.

At the same time, immigration officials search local jails and flag inmates who may be in the country illegally.

"We can't cover every jail in the United States," said Lorie Dankers, an immigration spokeswoman, noting that her agency also relies on local law enforcement officials to notify the immigration agency when they get inmates with questionable residency status.

In Rivera Gamboa's case, immigration officials have no record of contact after arrests, according to the Clackamas County Sheriff's Office, in 2000, 2003, and twice in 2006.

After their arrests in the murder case, the cousins told a federal immigration officer they have been in the United States illegally for about six months, Dankers said. According to state records, Rivera Gamboa obtained an Oregon identification card in April 2006.

In Clackamas County, where hundreds of jail inmates are released early each month because of overcrowding, illegal immigrants could be booked and released before immigration authorities ever get a chance to speak with them. It is unclear how much time Rivera Gamboa spent in the Clackamas County Jail, but a misdemeanor charge of drunken driving likely wouldn't have kept him there long.

Lt. Mike Alexander, Clackamas County jail operations manager, said local law enforcement officials are also limited in how much they can pursue federal immigration questions.

"If (inmates) choose not to tell us, we don't have any protocols that allow us to go forward," Alexander said.

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/081107dnmetoregon.1deba5dc.html

July 21, 2007

Can non-U.S. citizens get Medicare?

Q: Can non-U.S. citizens get Medicare?

A: Most people age 65 or older who are citizens or permanent residents of the United States are eligible for free Medicare Part A hospital insurance. And anyone who is eligible for Part A coverage can also enroll in Medicare Part B medical insurance coverage by paying a monthly premium.

Those over 65 who are not eligible for Medicare Part A can still buy the Part B medical insurance if they are United States citizens or lawfully admitted noncitizens who have lived in the United States for at least five years.

Illegal immigrants can't get Medicare.

To learn more about Medicare eligibility, call the Social Security Administration at 800-772-1213 or visit www.ssa.gov.
(...)
http://www.chron.com/disp/story.mpl/business/lipman/4985993.html

July 20, 2007

ICE arrests 274 criminals, fugitives, immigration violators in Dallas / Fort Worth area

July 20, 2007

ICE arrests 274 criminals, fugitives, immigration violators in Dallas / Fort Worth area
Five-day operation targeting fugitive criminals nets 99 aliens with criminal convictions

DALLAS — U.S. Immigration and Customs Enforcement (ICE) officers arrested 274 illegal aliens, criminals and immigration fugitives during a five-day enforcement operation here. Assisting ICE during this operation were officers from Dallas Constable and the following local police departments: Dallas, Irving, Fort Worth, Farmers Branch, Carrolton, Arlington and Blue Mound.

This localized, targeted enforcement initiative, which began Monday and concluded today, is part of an ongoing nationwide initiative focused on arresting criminal aliens. During this operation, ICE officers arrested 274 illegal aliens, including 99 with criminal convictions. Among those arrested were 233 men and 28 women. Of the 274 aliens arrested, 137 have already been returned to Mexico.

“The primary focus of this operation was to target, arrest and deport criminal aliens,” said Nuria T. Prendes, field office director for the ICE Office of Detention and Removal Operations in Dallas. “These operations are a critical element in removing threats to public safety. At the same time, these operations help protect the integrity of the nation’s legal immigration system.” Prendes heads an area that includes north Texas and the state of Oklahoma.

Those arrested included aliens from the following countries: Colombia, Cuba, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Nigeria, Romania and South Korea.

Following are two examples of those aliens with criminal convictions who were arrested:

Gustavo Noe Castro, 40, from Mexico, was arrested July 19 in Dallas, Texas. Castro has a lengthy criminal history, including the following: arrested and convicted in Dallas in 2000 for Assault on Family Member Resulting in Injury; also arrested and convicted in Dallas in 2000 for Possessing Controlled Substances. Castro also has three prior drunken-driving arrests in Dallas. He is being processed for deportation.




Francisco Rafael Trejo, 40, from El Salvador, was arrested July 19. Trejo has a lengthy criminal history, including the following arrests: arrested and convicted of Unlawfully Carrying a Weapon in Dallas in 1991 and 1993; arrested and convicted of Possessing Controlled Substances in 2003. Trejo also has four prior drunken-driving arrests in Dallas. He is being processed for deportation.

Some of the crimes associated with the Assault, possession/manufacturing of a controlled substance, unlawful carrying of a weapon, DWI, burglary of a vehicle, burglary of a domicile, theft, injury to a family member, illegal alien with a commercial drivers license with hazmat certificate, sex assault of child, indecency with a child, failure to stop and render aid which resulted in fatality.

Those who have not already been returned to Mexico have been placed into deportation proceedings and are awaiting return to their countries of origin.

These arrests are part of ICE’s interior enforcement strategy, which was announced in April 2006 by Department of Homeland Security Secretary Michael Chertoff and ICE Assistant Secretary Julie Myers. A critical element of this interior enforcement strategy is to identify and remove criminal aliens, fugitives and other immigration violators from the United States.


-- ICE --

May 25, 2007

Ailing senator helps quash voter ID bill

Ailing senator helps quash voter ID bill

09:49 AM CDT on Thursday, May 24, 2007
By TERRENCE STUTZ / The Dallas Morning News
tstutz@dallasnews.com

AUSTIN – Lt. Gov. David Dewhurst declared a much-debated voter identification bill dead Wednesday night as the Senate faced a midnight deadline for passage of all bills in this year's legislative session.

His declaration prompted Democratic Sen. Mario Gallegos of Houston, who has been recovering from a liver transplant but has stayed in Austin to prevent a vote on the bill, to thank the lieutenant governor and all of his colleagues before departing the Capitol.

"It's time to go home and do what the doctors tell me," Mr. Gallegos said, adding that he had no regrets. "It's something that had to be done. If I hadn't been here, they would have passed it."

Mr. Gallegos returned to the Capitol on Monday against his doctors' wishes to preserve a Democratic blockade of the GOP-backed legislation, which would have required Texans to show a photo ID or two other pieces of identification to vote. The Senate's 11 Democrats blocked action on the proposal under the chamber's long-standing rule that requires a two-thirds vote of the 31-member chamber to take up any bill.

The measure passed the House earlier this year but has been stalled in the Senate. Republicans say it's an important piece of legislation to fight voter fraud, especially illegal immigrants voting. Democrats contend that's a problem that doesn't exist and say the measure will harm minorities and the elderly.

Besides thanking Mr. Dewhurst for ending the partisan standoff over the bill, Mr. Gallegos also thanked Sen. Bob Deuell, R-Greenville, a family physician, for monitoring his health this week and arranging to have a hospital bed placed in a room adjacent to the Senate chamber for Mr. Gallegos to rest.

"I'll be back," the Democrat promised other senators before leaving. "If you want to fight this battle again, I'll fight it – but with a healthier Mario Gallegos."

http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-nuvoterid_24tex.ART.State.Edition2.43a99d8.html

May 21, 2007

Mike Allen resigns from Texas Border Coalition to battle illness; will remain on STC Board of Trustees

Coalition to battle illness; will remain on STC Board of Trustees
By DAVID A. DÍAZ

Mike Allen, a major player in the Texas political and economic development arenas, announced on Tuesday, May 15, that is resigning from the Texas Border Coalition in order to concentrate on medical treatments for an undisclosed illness.

The Texas Border Coalition, formerly known as the Texas Border Infrastructure Coalition, is an alliance of elected leaders and economic development officials representing more than 2 million residents who live along the Texas-Mexico border.

Allen is the founder, former chairman, and the driving force for TBC, which lobbies Congress and the Texas Legislature for laws and policies that benefit the border region from El Paso to Brownsville.

Allen also will step down as Executive Vice President of Strategic Affairs and External Projects with the McAllen Economic Development Corporation. He was the longtime president of the MEDC, but voluntarily reduced his oversight role in the jobs-creation non-profit entity when he first learned of his illness.

Both actions were effective Friday, May 18.

Allen later did say that he would remain a member of the South Texas Community College Board of Trustees, which is an elected governing body.

“Because of my health situation it has become necessary to resign in order to take some specialized treatments over the next several months,” said Allen. “I do not believe I can adequately handle some of the responsibilities that I currently have.”

Sen. Juan “Chuy” Hinojosa, D-McAllen, said Allen has contributed in more ways than one to the improvement of his fellow man.

“In his remarkable career, Mike Allen has used his wonderful talents to inspire a huge number of people from all walks of life to seek and achieve a better way of life,” Hinojosa said. “There are a lot of people who will be praying for a very successful outcome for him.”

In his letter of resignation, Allen expressed confidence in the work of the Texas Border Coalition.

“I know that with the structure that we have now and the people that are involved with this organization, we will continue to be a driving force in supporting the Workforce, Healthcare, Transportation, and other Border Issues in our communities,” Allen said. “I appreciate the support everyone has provided me during my tenure with the Texas Border Coalition.

“I would like to thank (Eagle Pass) Mayor (Chad) Foster (chairman of TBC) and all of you, whom I had the opportunity to work with,” Allen wrote to his fellow TBC leaders. “It has been a great experience and I certainly think we have achieved many great things for the border. I hope that I can stay in touch with each and every one of you.”

Allen has been in the forefront of some of the most important legislative and economic developments for the Texas border region, ranging from helping lobby for more than $1 billion in new state money for border highway projects to participating in congressional hearings on matters ranging from transportation and international trucking to health care and infrastructure development.

His current work includes rallying border political and business leaders to oppose plans by the federal government to build reinforced fencing – characterized as a border wall by its critics – along more than 100 miles of the Texas boundary with Mexico. Opponents say the border wall, which is intended to help reduce illegal immigration from Mexico, will cause economic chaos in many border cities.

“For nearly two decades, Mike Allen has rendered extraordinary service to the people of the Rio Grande Valley as he has sought to address the development needs of one of the fastest growing metropolitan areas in the United States, and for his tireless dedication and remarkable vision,” Rep. Verónica Gonzáles, D-McAllen, stated in a resolution she authored honoring Allen in 2005.

Some of Allen’s many other accomplishments are noted in the House resolution honoring him. That resolution states:

WHEREAS, Michael A. Allen has long played an instrumental role in the economic development of McAllen and the Rio Grande Valley; and

WHEREAS, President and chief executive officer of the McAllen Economic Development Corporation since its inception in 1988, this esteemed Texan has led MEDC to repeated success in its mission to attract new industry, upgrade local infrastructure, and facilitate trade and commerce; and

WHEREAS, With Mr. Allen at the helm for the past 17 years, MEDC has recruited to the U.S. side of the border more than 215 companies, employing over 18,000 persons; the corporation has also

brought more than 250 companies to Reynosa, Mexico, thereby adding another 75,000 jobs to the area; and

WHEREAS, Mr. Allen and his staff have generously shared the knowledge and expertise of MEDC with their Mexican counterparts; at the invitation of Don Florencio Salazar, coordinator with Plan Puebla-Panama, Mr. Allen consulted on the economic development of a number of Mexican states and the city of Merida; during that trip, he and other MEDC staff met with various state governors and economic development teams and offered insights into how to attract industry to each of their regions; and

WHEREAS, Under Mr. Allen’s guidance, MEDC has also sought to forge international links by fostering sister-city relationships with more than 10 cities in Mexico, as well as with cities in Canada and China; and

WHEREAS, Mike Allen’s personal achievements include his contribution as a cofounder of the South Texas Border Partnership, a coalition of five cities in Hidalgo County, and as the founder and chairman of the Texas Border Infrastructure Coalition, which has brought job training funds to the Valley and secured $1.1 billion in highway funds for the region stretching from El Paso to Brownsville; and

WHEREAS, In addition, he has campaigned for the Anzalduas International Crossing, a project jointly supported by the Cities of McAllen, Hidalgo, and Mission; he has also worked to unite customs brokers, truckers, and Mexican officials in efforts to expedite trucking, and he has coordinated those same groups, together with civic leaders in Hidalgo County, in developing
support for the construction of Interstate 69
; and

WHEREAS, Mike Allen can take tremendous pride, moreover, in MEDC’s involvement in the creation of the Regional Academic Health Center, a Lower Rio Grande Valley extension of The University of Texas Health Science Center at San Antonio; division campuses of the RAHC have been established in McAllen, Brownsville, Edinburg, and Harlingen; and

WHEREAS, Affiliated with numerous economic development organizations, Mr. Allen has further served as a member of the Governor’s Task Force on Management and Relations, as a board member of the Alliance for Security and Trade and of the Border Trade Alliance, as a director of the Rio Grande Valley Council of Governments, and as a trustee of South Texas College; the breadth of his knowledge is reflected in his participation in congressional hearings on matters ranging from transportation and international trucking to health care and infrastructure development; and

WHEREAS, For nearly two decades, Mike Allen has rendered extraordinary service to the people of the Rio Grande Valley as he has sought to address the development needs of one of the fastest growing metropolitan areas in the United States, and for his tireless dedication and remarkable vision he is indeed deserving of warmest commendation; now, therefore, be it

RESOLVED, That the House of Representatives of the 79th Texas Legislature hereby honor Michael A. Allen for his immeasurable contributions to expanding economic opportunity on both sides of the Rio Grande and extend to him sincere best wishes for continued success in all his endeavors; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Mr. Allen as an expression of high regard by the Texas House of Representatives.

http://www.edinburgpolitics.com/2007/05/21/

April 14, 2007

Man who ran ring of brothels receives prison sentence

April 14, 2007, 12:02PM
Man who ran ring of brothels receives prison sentence

2007 The Associated Press


AUSTIN A man who pleaded guilty to managing brothels as part of a nationwide ring that forced immigrant women into prostitution was sentenced to six years and eight months in federal prison.

Juan Balderas-Orosco, a Mexican citizen, will be deported upon his release from prison.

Four others connected to the case were also sentenced Friday by U.S. District Judge Sam Sparks.

Twelve people have faced smuggling, prostitution and financial charges related to the case. Six have been sentenced, three have pleaded guilty and await sentencing and three are fugitives.

Balderas ran brothels in Travis County, east of Austin, Oklahoma City, Las Vegas and Fort Worth, according to court documents and testimony. The brothels were part of a crime network that included brothels in at least 13 states.

The ringleaders sneaked hundreds of women, mostly from Latin America, into the country and forced them to have sex with as many as 40 men a day, many of them also illegal immigrants. They moved the women from brothel to brothel and kept their earnings, according to court documents.

During the sentencing hearing Friday, Balderas' attorney argued that the women who worked as prostitutes were given cell phones, allowed to keep some of their earnings and enjoyed periods of freedom.

Sparks disagreed with the characterization that their lives weren't so bad, saying the women were like prisoners.

March 6, 2007

Nothing so onerous about proving CHIP eligibility Six-month renewal is no barrier to receiving benefit

Opinion-Editorial
Houston Chronicle

March 6, 2007, 9:33PM

Nothing so onerous about proving CHIP eligibility Six-month renewal is no barrier to receiving benefit
By BRENT CONNETT

Among the most outspoken critics of the six-month continuous eligibility requirement for the Children's Health Insurance Program (CHIP) is state Rep. Garnet Coleman, D-Houston. Coleman, a member of the House Public Health Committee, has argued that renewals every six months consttute a barrier to re-enrollment in CHIP.

A defense of six-month eligibility CHIP coverage, and the renewal process in general, is overdue.

The 326,231 individuals enrolled in CHIP as of December 2006 (the highest enrollment since September 2005) belie Rep. Coleman's argument. While that figure may not be as high as some would prefer, it is hardly the sign of a program plagued by barriers to enrollment.

Furthermore, statistics from the Health and Human Services Commission show that of all disenrollments in October 2006, almost one-fifth exceeded CHIP income limits. Another 17 percent had become Medicaid-eligible, which is indicative of income too low to qualify for CHIP.

While enrollment figures disprove arguments that more-frequent renewals are a barrier to receiving CHIP benefits, many CHIP advocates argue that the renewal application itself is a barrier.

In fact, most fields on the renewal application are precompleted for the applicant by HHSC with information that the applicant has previously provided. The applicant must complete only four sections of the form, including signature and date. The remaining three sections require applicants to list their home address, personal income and other assets such as vehicles.

To categorize this minimal effort as a barrier is nothing more than an attempt to tarnish a practical and necessary requirement to preserve the integrity of the program.

And what are critics of the program really saying about those who are required to complete the form? It is neither an aptitude test nor a skills test. It is a simple form that enrollees have completed in full once. Resubmitting a portion of the form every six months is an exercise in simplicity, especially since HHSC mails the mostly completed form to renewal applicants two months before its due date.

Nonetheless, the way some portray six-month eligibility, it's a wonder that any of the 300,000-plus participants were able to successfully apply for CHIP in the first place, much less renew their enrollment.

Thankfully, policy-makers have taken note of the flimsy arguments against six-month eligibility and allegedly complicated renewal forms. Lt. Gov. David Dewhurst has rightly stated that few Texans will "have a lot of sympathy for someone that can't fill out a two-page application form every six months."

By comparison, the state of Texas Application for Employment form necessary to apply for almost any job with a state agency is four pages long. None of it is filled in for the applicant, yet this form is not characterized as a "barrier" to public employment.

Furthermore, the CHIP-eligible are married, have driver's licenses and registered vehicles, and own homes, despite the paperwork requirements accompanying each. Tears wept for CHIP applicants are conspicuously absent for those filling out an application for, say, auto and homeowner's insurance.

Thirty-six percent of participants disenrolled last October no longer met the CHIP income requirement. That alone justifies asking beneficiaries of a taxpayer-funded program to verify their eligibility every six months.

This points to one of the guiding principles behind the 1996 welfare reform, instructive in the Texas CHIP debates: Public benefits should not be permanent entitlements, but temporary programs to help those with genuine and demonstrable needs. Six-month eligibility helps CHIP to target its intended beneficiaries' legitimate and pressing needs.

Connett is a policy analyst with the Texas Conservative Coalition Research Institute, based in Austin.

http://www.chron.com/disp/story.mpl/editorial/outlook/4608159.html

February 15, 2007

Diverse Coalition Pledge Unity and Civility on Immigration Debate

DIVERSE COALITION PLEDGE UNITY AND CIVILITY ON IMMIGRATION DEBATE

For Immediate Release
Thursday, February 15, 2007

~ Vow to fight anti-immigration legislation legislatively, legally, & economically ~


Austin, Texas -- A diverse and broad-based group of Texas business and political leaders announced today the formation of a coalition that is committed to opposing the onslaught of anti-immigrant legislation currently working its way through the Texas Legislature.

The coalition includes:
the Mexican American Legislative Caucus (MALC),
the Texas Association of Business (TAB),
the Texas Association of Mexican-American Chambers of Commerce (TAMACC),
the Texas Employers for Immigration Reform (TEIR),
the League of United Latin American Citizens (LULAC),
the Mexican American Legal Defense and Education Fund (MALDEF),
and the American Civil Liberties Union (ACLU). The formation of this extended coalition builds upon the successful efforts of MALC and TAB last August to reach common ground with regard to contentious issue of immigration.

State Representative, Veronica Gonzales, a member of MALC and a leader from the Rio Grande Valley, praised the broad-based nature of the coalition, saying, "We will fight divisive and unconstitutional anti-immigration legislation in three ways: legislatively, legally, and economically through our valued business communities."

In August, MALC and TAB urged Congress to do its job and pass a comprehensive immigration reform package. Similarly, this coalition believes comprehensive immigration reform must originate in Washington, not Austin.

Bill Hammond, President of the TAB, suggested that the business community intended to play a significant role in shifting the immigration debate away from states and back to the federal government, where it belongs. "Unless and until the U.S. Congress enacts comprehensive immigration reform, the TAB calls on the Texas Legislature to not pass any legislation dealing with immigration, especially in regard to legislation that could add burdens to employers."

State Representative, Rafael Anchía, a member of MALC and a leader from Dallas, agreed saying, “We want to stop divisive and misguided legislation that has been introduced at the state level, but deals with issues that need to be resolved at the federal level”.

The coalition also affirmed their unified and unqualified support for increasing the nation's commitment to border security.

State Representative Pete Gallego, Chairman of MALC, said, “As the person who represents two-thirds of the Texas-Mexico border, I can assure you we are committed to border security. We need to protect Texans from terrorists, murders, drug dealers and criminals, not innocent dishwashers, homebuilders, waitresses, nannies and maids.”

The coalition is also united in calling on Governor Rick Perry, Lieutenant Governor David Dewhurst, and House Speaker Tom Craddick to defeat all anti-immigrant proposals before the Legislature this session.

Specifically, anti-immigrant bills cited by the coalition include, but are not limited to, the following bills:

• HB 28 by Representative Leo Berman of Tyler that would prohibit U.S. citizen children of "illegal aliens" from receiving any state benefits like health care, public education, and public housing.

• HB 29 by Representative Leo Berman of Tyler that would impose an 8% fee on money transfers to Mexico and Central and South America.

• HB 904 by Representative Bill Zedler of Arlington that would prohibit cities from building or operating day labor facilities.

• HB 906 by Representative Bill Zedler of Arlington that muddles current law and increases the likelihood that immigrants will be victimized by providers not qualified to assist them with matters related to immigration law.

Representative Anchía summed up the goals of the coalition by saying, “The diverse makeup of this coalition is a testament to the importance and urgency of the issue. We have come together to urge the federal government to pass comprehensive immigration reform that puts willing employers together with willing workers in a legal program that will bring to the surface workers who are currently underground."

Founded in 1973, the Mexican American Legislative Caucus is a 501(c) (6) non-profit, non-partisan organization composed of 43 members of the Texas House of Representatives committed to addressing the issues that Latinos face across the state of Texas.

Contact:
Adrianna Bernal
512-236-8410
http://www.house.state.tx.us/news/release.php?id=1927

January 18, 2007

The Mexican Invasion

D Magazine FEB 2007, Posted On: 1/18/2007

Excerpt from The Mexican Invasion

Of the estimated 12 million undocumented immigrants in the United States (out of 31 million total immigrants), 1.4 million to 1.6 million are thought to be in Texas. Statistically, that’s 4 percent of the population nationally and 5 percent for the state. But the presence is much higher in Dallas, which is ranked, with Fort Worth, as an “ethnic hypergrowth city” by the Brookings Institution. Only the Mexican consulates in Los Angeles and Chicago top Dallas in volume of services, such as matricula consular ID cards provided to Mexican citizens. Houston is fourth.

No one knows exactly how many undocumented immigrants live among the 1.2 million residents of the City of Dallas, but the figure can be estimated. Approximately half of Dallas’ 516,000 Hispanics (43 percent of 1.2 million) are immigrants, or 258,000. Only 19 percent are naturalized citizens. According to the Dallas Federal Reserve, about 30 percent of U.S. immigrants are undocumented, which would indicate 77,400 of the immigrants in Dallas are undocumented. But the immigrant information clearinghouse DFW International says close to half of the foreign-born in Dallas are without documents—which would make about 126,000. That’s about one person in 10 in the city. And the odds are at least six in 10 that he or she will be Mexican—10 percent of that country’s population is in the United States, as is 14 percent of its workforce, mostly sin papeles, without documentation.

About six in 10 are working, and the other four are dependents. They tend to be young, reflecting both the dramatic youthful population trend in Mexico and also in the United States, where the bulge of the Hispanic population is under 25. About half live in poverty and without health insurance. The one in three who have been here less than five years is also likely to be bewildered by the contradictions of working in a society that simultaneously seems to lure them here and to hate them for showing up.

Their presence, though significant, is part of an even larger upsurge in the general Hispanic population. Dallas will become a majority Hispanic city well before 2030, when the entire state will have shifted that way. As Dallas County gained 175,000 Hispanic residents (now 35 percent of the population) from 2000 to 2005, 130,000 Anglos moved out. Immigrants now account for 100 percent of the county’s net population growth; in the North Texas region, it’s 40 percent. Half the 1 percent population growth rate of the United States is thought to be from Hispanic immigrants.


http://www.dmagazine.com/ME2/dirmod.asp?sid=&nm=&type=MultiPublishing&mod=PublishingTitles&mid=7155F7796F354F21B1183937D847D6DF&tier=4&id=132DCDA7F43245ECB182DC9C1E4F78A0

January 5, 2007

A dozen bills filed on the issue could dominate and divide the state Legislature

Jan. 4, 2007, 11:18AM
Illegal workers the talk of Texas
A dozen bills filed on the issue could dominate and divide the state Legislature


By R.G. RATCLIFFE
Copyright 2007 Houston Chronicle Austin Bureau

~~~~~~~~~~~~~~~~~~~~~
TEXAS' ILLEGAL IMMIGRANTS


• Population: 1.4 million live in Texas.

• Numbers rise: Up 270,000 in past five years.

• Delivering a service: About 70 percent of the 26,000 births at Houston and Dallas public hospitals in 2005 were to mothers who are illegal immigrants.

• Impacting schools: 135,000 undocumented children are in Texas public schools.

Sources: U.S. Department of Homeland Security, Texas Comptroller of Public Accounts, Harris and Dallas counties
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

AUSTIN — They work as maids and busboys. They build homes and highways. They bone chickens on the way to market.

They are worth billions of dollars to the Texas economy, but as members of the working poor they also are a drain of hundreds of millions of dollars from taxpayers.

They are the 1.4 million illegal immigrants that the federal government estimates live in Texas.

Half are divided evenly between the Dallas and Houston areas, according to the Center for Immigration Studies, with an additional 20 percent in the Lower Rio Grande Valley. Less than 5 percent live in the traditional Hispanic capital of Texas: San Antonio.

Their numbers in Texas grew by 270,000 in five years, and an estimated 70 percent of the 26,000 births at Houston and Dallas public hospitals in 2005 were to mothers who are undocumented immigrants. Unreimbursed care cost the Harris County Hospital District $97 million in 2005.

And with Congress failing to enact comprehensive immigration reform, illegal immigrants are poised to become one of the hottest issues before the Texas Legislature.

"If we do nothing, in 10 years, just based on the current birth rate, we're going to have 50 million (illegal immigrants and their children) in the United States. Our country will change totally. Our culture will be gone," said state Rep. Leo Berman, R-Tyler. "We've been invaded without firing a shot."

The fight by Berman and other conservative legislators to battle illegal immigration at the state level is likely to be emotional and possibly bitter.

Some Republicans and the influential Texas Association of Business want no action from state lawmakers, especially if it involves employer sanctions. And Democratic Hispanic legislators say conservatives such as Berman are using Latinos as a "political piñata."

"Politically, some people get caught up in trying to score cheap political points, but it doesn't contribute to the discussion about immigration and immigration reform," said state Rep. Rick Noriega, D-Houston.

A dozen bills already have been filed dealing with illegal immigration, many focused on restricting state and local services. A legislative caucus also has proposed harsh sanctions on businesses that employ illegal immigrants.

Then-Comptroller Carole Keeton Strayhorn recently issued a report saying illegal immigrants are worth at least $17.7 billion to the state's economy. She said the taxes they pay cover the cost of state services, but she also said they are a drain of about $929 million on local governments, mostly because of the costs associated with indigent health care.

Report: http://texasuproar.blogspot.com/2006/12/undocumented-immigrants-in-texas.html

Berman said he thinks Strayhorn's report seriously underestimates the cost of illegal immigrants to the state. Citing research by the conservative Lone Star Foundation, Berman said illegal immigrants cost the state $3.5 billion a year.

Some of the legislation and legislative proposals involving illegal immigrants include:

• Birthright citizenship: Berman's bill would deny automatic citizen access to state programs for children born in Texas to illegal immigrant parents after his bill becomes law. Berman wants the bill, if passed, to be used to test birthright citizenship in the federal courts.

Berman said "anchor babies" should not have automatic citizenship because the 14th Amendment requires the baby must be "subject to the jurisdiction" of the United States.

"We want to show the illegal aliens here have no desire at all to accept our culture or speak our language," Berman said.

Noriega said Berman's legislation "flies in the face" of U.S. national values. He said a sensible federal immigration policy would end many problems.

Gov. Rick Perry, who made border security a major issue of his re-election campaign, recently called legislation such as Berman's divisive.

• Remittance fees: Legislation would levy an 8 percent fee on the remittances that are sent from Texas to Mexico and Latin America, although U.S. citizens and legal resident aliens could ask for a refund. The fee would raise about $250 million, Berman said, which would go to hospitals that provide health care for illegal immigrants.

The average first U.S. job for a new illegal immigrant pays $900 a month compared with about $150 in their native country, according to the Inter-American Development Bank.

This year, Latin Americans in Texas will send about $5.2 billion back home in wire transfers, typically about $100 to $300 a month. Remittances from Mexicans living in the U.S. amount to almost 3 percent of that country's gross national product. The remittance fee bill may have a good chance of passing because it is being sponsored in the House by Berman and in the Senate by liberal Sen. Royce West, D-Dallas.

• In-state college tuition: Several bills, including one by Rep. Debbie Riddle, R-Tomball, would eliminate in-state tuition for undocumented immigrant children who attend public colleges. They would have to pay the higher tuition of foreign students who are legal residents.

"In-state tuition is meant for people who are here legally, not illegally," Riddle said. "Taxpayers have to subsidize tuition."

The tuition law was passed in 2001, carried by Noriega and Sen. Leticia Van de Putte, D-San Antonio. Current state law allows any student who has lived in the state for three years and graduated from a Texas high school to get in-state tuition.

Strayhorn estimated about 3,800 children of immigrants got in-state college tuition in 2004, less than 1 percent of all students in Texas institutions of higher education.

• Proof of citizenship for voting: Several bills would require proof of citizenship for a person to vote. Similar legislation has failed in the past.

• Marriage licenses: People applying for a marriage license would have to swear under penalty of felony perjury that they are not getting married to circumvent immigration laws.

• Driver's license: Legislation would allow immigrants to obtain a Texas driver's license by using a similar document from a foreign country.

Supporters say illegal immigrants are here and driving but without a license they cannot buy auto insurance. Opponents say issuing licenses on unsecure foreign documents could pose a security risk.

• Employer sanctions: No bills have been filed, but the research arm of a legislative caucus called the Texas Conservative Coalition proposes several sanctions against companies that employ illegal immigrants.

Bo Pilgrim, of Pittsburg, who runs the nation's largest poultry producing company, said the nation needs the labor of the illegal immigrants who are living in the shadows.

"I'm here to testify that it's real," Pilgrim recently told a group of border mayors. "If we lose those people, the economy of the United States will simply go down the drain."

r.g.ratcliffe@chron.com

http://www.chron.com/disp/story.mpl/front/4440332.html

Should the Texas State Legislature pass immigration enforcement laws in 2009?