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October 28, 2010

Laughing all the way to bank

Today NPR writes about how the law in Arizona came to be;


Prison Economics Help Drive Ariz. Immigration Law

by Laura Sullivan, October 28, 2010

"Last year, two men showed up in Benson, Ariz., a small desert town 60 miles from the Mexico border, offering a deal.

Glenn Nichols, the Benson city manager, remembers the pitch.

"The gentleman that's the main thrust of this thing has a huge turquoise ring on his finger," Nichols said. "He's a great big huge guy and I equated him to a car salesman."

What he was selling was a prison for women and children who were illegal immigrants.

"They talk [about] how positive this was going to be for the community," Nichols said, "the amount of money that we would realize from each prisoner on a daily rate."

But Nichols wasn't buying. He asked them how would they possibly keep a prison full for years — decades even — with illegal immigrants?

"They talked like they didn't have any doubt they could fill it," Nichols said.

That's because prison companies like this one had a plan — a new business model to lock up illegal immigrants. And the plan became Arizona's immigration law."...".

Posted by VisaLawyer at 12:47 PM | Comments (0)

October 26, 2010

Know your judges


October 25, 2010
Arizona draws difficult panel for immigration appeal

It looks like the state of Arizona and Governor Jan Brewer could be facing an uphill battle in their effort to overturn a judge's ruling that the state's law cracking down on illegal immigration, SB 1070, is unconstitutional.

On Friday, the U.S. Court of Appeals for the 9th Circuit announced the three judges assigned to the state's appeal, which is to be argued on Monday. They are: John Noonan, Richard Paez and Carlos Bea.
Courtwatchers say the panel, which will convene at the court's headquarters in San Francisco, could be a tough one for Arizona. The state's law has been blasted as anti-Latino and likely to lead to racial profiling. Two of the three judges are of Hispanic descent: Paez was born in Utah of Mexican immigrant parents; Bea was born in Spain but grew up in Cuba before coming to the U.S. with his family.
Paez, an appointee of President Bill Clinton, is considered part of the 9th Circuit's liberal wing. Paez is a former legal aid lawyer and district court judge who spent a record four years awaiting confirmation to the appeals court.

Bea, an appointee of President George W. Bush, is viewed as a conservative on the appeals court. Bush's father also tried to nominate Bea to a district court judgeship in 1991, but he never came to a vote. Bea represented business and sometimes immigration clients in private practice before becoming a state court judge. "To my knowledge, I am the only circuit judge to have been ordered deported by the Immigration and Naturalization Service," Bea declared during a 2006 Senate hearing. The judge said he got the INS's order overturned on appeal.

Noonan was appointed by President Ronald Reagan, but does not vote consistently with the court's conservatives. In fact, Noonan is known to be friendly to immigrants in asylum cases and has even written opinions defending some immigrants who were part of violent groups in their homelands. Noonan was a law professor at Notre Dame before joining the 9th Circuit bench.

So while, at first blush, a 2-1 Republican panel might seem favorable to Arizona, on closer examination the playing field looks more friendly for the Justice Department lawyers battling to preserve U.S. Dsitrict Court Judge Susan Susan Bolton's ruling striking down the bulk of the law.

Of course, predicting the outcome of a case based on the make-up of the panel alone is notoriously difficult. But lawyers familiar with the 9th Circuit say the Obama Administration and civil rights groups which sued over the law have to be happier with this panel than Arizona. There may already be a sign that the state faces a hard slog: earlier this month the appeals court rejected Arizona's request to file a response to an amicus brief submitted by Mexico and seveal other Latin American countries.

For her part, Brewer has announced she plans to attend Monday's hour-long arguments in person in San Francisco, even though she is up for re-election the next day. Polls show her with a comfortable lead of more than 10 percent over her Democratic challenger, Attorney General Terry Goddard. Her championing of SB1070 has been a centerpiece of her campaign and she will certainly make the local news back home for attending the court arguments, which are to be carried live on C-SPAN.

Posted by VisaLawyer at 07:29 AM | Comments (0)

October 05, 2010

Obama Reneges on Key Agreement with Immigration Advocates

ICE Mutiny?


One of the key provisions of the Obama administration's tough new immigration enforcement strategy is coming under fire again. The program, known as "Secure Communities," allows federal immigration authorities to obtain the fingerprints of any illegal alien booked in the nation's jails, and to have that alien detained for deportation. It's already resulted in an unprecedented number of deportations - some 400,000 in 2009 alone - with an equal number expected this year. And when the program's finally extended nationwide in 2013 – it’s currently active in about 30 states, but in only a third of the nation's jails - the annual rate could reach 700,000 or more."...


Posted by VisaLawyer at 10:30 AM | Comments (0)

October 01, 2010

“Abre” (Spanish for “open,” but also an acronym for “Anyone But Rahm Emanuel”)

Finally immigration reform has new life; with the departure of Rahm Emanuel from the White House. His total opposition to immigration reform kept reform from occurring under the Obama administration.

For example in 2005;
go to Rahm Emanuel no friend on immigration
By Ruben Navarrette, Jr., Special to CNN;
"Emanuel spent that year whipping up support among Democrats for the Border Protection, Antiterrorism, and Illegal Immigration Control Act, a terribly unimaginative enforcement-only bill proposed by then-House Judiciary Chairman James Sensenbrenner, R-Wisconsin".
at; http://edition.cnn.com/2010/OPINION/09/30/navarrette.rahm.emanuel.immigration/

Or in 2009/2010 you may read; Good riddance to Rahm Emanuel - blocked immigration reform in White House;

"He was particularly so on issues such as immigration where his overly cautious approach meant that no bill was every formulated to bring about immigration reform and Obama was never out front on the issue.

He misled the Hispanic and indeed Irish lobby continuously on that issue causing a very irate Congressman Luis Gutierrez to proclaim Emanuel to be the biggest snake he had encountered around Washington in his time there—and that is saying something".


Posted by VisaLawyer at 06:57 AM | Comments (0)