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Immigrants’ Rights Update

Volume 22, Issue 3  |  May 13, 2008

IN THIS ISSUE

New on NILC’s Website (since March 26, 2008)

COMING SOON:  A forthcoming special issue of Immigrants’ Rights Update will discuss in detail valuable lessons advocates learned in the aftermath of a U.S. Immigration and Customs Enforcement raid on Micro Solutions Enterprises in Van Nuys, California, on Feb. 7, 2008.  

 

NEW ON NILC’s WEBSITE (since March 26, 2008)

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Community Education Materials

 
Know Your Rights: Immigration Enforcement

Immigration Enforcement: Know Your Rights at Home and at Work (Revised 5/5/08.)

Ejecución de las leyes de inmigración: Conozca sus derechos en su hogar y su trabajo respecto a Inmigración  (Revised 5/7/08.)

 
Benefits in California: Victims of Trafficking, Domestic Violence, and Other Serious Crimes

 

Benefits for Immigrant Victims of Trafficking, Domestic Violence and Other Serious Crimes in California.  A new California law, SB 1569, provides state and local benefits to immigrant survivors of human trafficking, domestic violence and other serious crimes under the same rules that apply to refugees.  Read here about the benefits they may receive and what they need to show in order to obtain them.  (Posted 5/5/08.)
 

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Social Security Administration
“No-Match” Letter Toolkit

 
For Workers in a Union (Know Your Rights)

Spanish:  Trabajadores sindicalizados: Conozcan sus derechos sobre las cartas del Seguro Social  (Updated 4/29/08.)

English:  Unionized Workers: Know Your Rights about the Social Security “No-Match” Letter (Do’s and Don’ts) (Updated 4/29/08.)

For Workers Without a Union (Know Your Rights)

Spanish:  Trabajadores no sindicalizados: Conozcan sus derechos sobre las cartas del Seguro Social  (Updated 4/29/08.)

English:  Nonunion Workers: Know Your Rights about the Social Security “No-Match” Letter (Do’s and Don’ts) (Updated 4/29/08.)

 
DECOR and EDCOR “No-Match” Letters

 

Social Security Fact Sheet: Release of Tax Year 2007 DECOR Letters.  SSA is sending DECOR “no-match” letters only to workers and will not send tax year 2007 EDCOR no-match letters before the litigation [brought by a workers’ rights coalition] is settled.”  (More information about DECOR and EDCOR letters is available on the toolkit webpage.  More information about the workers’ rights litigation also is available there and on the “Social Security Administration (SSA)-related Information” page.)  (Link to SSA website posted 4/29/08.)

 
“No-Match” Lawsuit and Injunction

 

How Does the New DHS Rule about Social Security No-Match Letters Affect the Federal Lawsuit and Injunction?  (Posted 4/28/08.)

 
Facts About “No-Match”

 

Facts About the Social Security “No-Match” Letter (2-pager)  (Posted 3/26/08.)

 
DHS “No-Match” Rule:  Bad for . . .

 

Why DHS’s Supplemental Rule Regarding Social Security “No-Match” Letters is Bad for Workers, Employers, and the Economy (Posted 3/26/08.)

 
DHS “No-Match” Rule:  NILC Summary

 

NILC Summary of Supplemental Proposed Rule: Safe-Harbor Procedures for Employers Who Receive a No-Match Letter: Clarification; Initial Regulatory Flexibility Analysis, 73 FR 15944-55 (Mar. 26, 2008).  (Posted 3/27/08.)
 

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Employer Sanctions:
State & Local Legislation & Litigation

 
“Legal Arizona Workers Act”: Negative Consequences

 

Erecting Its Own Tombstone: Arizona’s Mandatory Basic Pilot/E-Verify Law.  Arizonas requirement that employers verify workers employment eligibility via Basic Pilot/E-Verify has yielded negative results for the state, its businesses, and its workers.  Other states considering similar measures would do well to pay attention to these results.  (Posted 4/29/08.)

 
“Legal Arizona Workers Act” Lawsuit

Appeal to 9th Circuit of federal district court’s decision on legal challenge to the Arizona act’s provisions:  Opening brief

Amicus briefs:  Lawyers’ Committee for Civil Rights of the San Francisco Bay Area  |  Small Business Legal Center, and Associated Builders and Contractors  |  United States Hispanic Chamber of Commerce
(Posted 4/15/08.)
 

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Employment Eligibility Verification and Antidiscrimination Protections

 
Know Y0ur Rights

 

Know Your Rights about Basic Pilot/E-Verify.  Because the government databases upon which Basic Pilot/E-Verify relies contain errors that may affect you, and because many employers do not follow program rules, it is important that you know what your rights are.  (5/8/08)

 
New Employee Verification Act

NILC and CLASP oppose using the National Directory of New Hires for purposes of establishing a mandatory electronic employment verification system (EEVS) as is proposed in the “New Employee Verification Act of 2008” (HR 5515).  Written Statement of Vicki Turetsky and Tyler Moran before the Subcommittee on Social Security, Committee on Ways and Means, U.S. House of Representatives, 5/6/08. (Turetsky is director of family policy at the Center for Law and Social Policy; Moran is NILC’s director of employment policy.)  (Posted 5/7/08.)

Rep. Sam Johnsons “New Employee Verification Act”: Another Version of the Shuler-Tancredo Bill (New Employee Verification Act of 2008 -- HR 5515)  (Revised 4/8/08.)

 
Secure America through Verification and Enforcement Act

 

Shuler-Tancredo Employment Eligibility Verification System: Poorly Designed, Dangerous for the Economy (Secure America through Verification and Enforcement Act of 2007, or SAVE Act -- HR 4088/S. 2368)  (Revised 4/9/08.)

 
Impact on U.S. Citizens and Lawfully Present Immigrants

 

How Errors in Basic Pilot/E-Verify Databases Impact U.S. Citizens and Lawfully Present Immigrants.  Deficiencies in the program will be magnified if it is further expanded before they are addressed.  The result will be to threaten the livelihood of hundreds of thousands of work-authorized immigrants and citizens who may be either wrongfully dismissed from or refused employment.  (Posted 4/9/08.)
 

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Local Law Enforcement Issues

 
Appeal by City of Hazleton, Penn., to the Third Circuit

Brief of the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity at University of California, Berkeley Law School as Amicus Curiae in Support of the Plaintiffs-Appellees, Supporting Affirmance

SUMMARY:  [R]esearch shows that notions of illegality are strongly correlated with a specific racial profile and that this phenomenon is exacerbated within communities, like Hazleton, which have experienced rapid demographic change with the arrival of Latinos.  This backlash . . . has resulted in increased alienation [among] U.S.-born and naturalized Latinos.  Documented harms . . . include a lack of trust in government entities and a potential increase in hate crimes. . . . [O]rdinances such as Hazleton’s fuel racial divisions and create barriers to integration for a large segment of the population.  As such, they are not only unlawful but bad public policy.”     (Posted 4/24/08.)

MORE INFORMATION about this litigation is available on the “Local Law Enforcement Issues” page.

 
Local Restrictions on Enforcement by Local Agencies

 

TABLE: Laws, Resolutions, and Policies Instituted Across the U.S. Limiting Enforcement of Immigration Laws by State and Local Authorities  (Updated 4/15/08.)
 

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Arrest and Detention

 
Court Ruling against Government: Medical Neglect

 

Court Denies Federal Officials Attempt to Evade Responsibility for Medical Neglect that led to Former Immigrant Detainees Penile Amputation and Death.  (Francisco Castaneda v. U.S., 2008 WL 704073 (C.D. Cal. 2008) | Article on website of Public Justice, with links to the complaint and the federal district courts ruling, issued 3/11/08)  (Posted 4/16/08.)

 
ICE Detention Standards (Compliance/Complaints)

Ensuring Compliance with the ICE Detention Standards: Procedures for Complaints of Noncompliance (U.S. Dept. of Homeland Security document)  (Posted 4/15/08.)

Cómo garantizar el cumplimiento de las normativas de detención de ICE: Procedimientos para denuncias de incumplimiento (documento de DHS) (Posted 4/15/08.)
 

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Immigrant Children’s Health Improvement Act (ICHIA)

 
Facts About ICHIA

 

Facts about the Immigrant Children’s Health Improvement Act (ICHIA).  Why legislation is needed. | Primary health care for children and pregnant women saves money. | Immigrants should benefit from health programs supported by their taxes. | Flexibility and fiscal relief for states.  (Posted 3/26/08.)
 

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Driver’s License Resource Guide

 
Why Driver’s License Restrictions Weaken National Security

BY:  Mike German, Policy Counsel, ACLU Washington Legislative Office, and former FBI agent (Letter to Maine Legislature’s Joint Committee on Transportation)  (Posted 4/10/08.)

BY:  Progressive States Network (PSN provides coordinated research and strategic advocacy tools to state legislators and their staffs, empowering [them] with everything they need to engineer forward-thinking change.) (PSN website) (Posted 4/8/08.)
 

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Job Openings at NILC

 
Director of Administration

 

POSITION AVAILABLE: Director of Administration
(Application deadline:  May 30, 2008)
 

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Advocacy Resource

 
Resource Book for Faith Community

 

For You Were Once a Stranger: Immigration in the U. S. Through the Lens of Faith.  Interfaith Worker Justice (IWJ) has created a 112-page resource book for the faith community on issues of immigration in the U.S.  It includes individual stories and faith-based essays, policy analysis, liturgical resources, reflection questions to guide study and discussion groups, and ideas for taking action.   (Link to IWJ website posted 4/7/08.)

   

 

 

 

 

 

 

 

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