Sunday, July 8, 2012

California Senate passes the TRUST Act

The California State Senate passed Assembly Bill 1081 Thursday, a piece of legislation that limits local law enforcement to act on the immigration status of an individual.

Under the new legislation, local police officers would be limited to refer only those individuals convicted of serious felonies, to immigration agencies; and would no longer have authority to detain lower-level offenders on their undocumented status.

The initiative also known as the TRUST Act was written following the logic that requiring local law enforcement to check the immigration status of an arrestee results in a misuse of resources and in an erosion of trust.

The author of AB1081, San Francisco Democratic Assemblyman Tom Ammiano said that the state’s Senate vote shows "that California cannot afford to be another Arizona."

Originally, AB1081 -which passed the state Assembly by a 47-26 vote and the Senate with a 21-13 party line vote- was intended to counter "Secure Communities," a federal program that shares with immigration officials, the fingerprints of people arrested by local police agencies.

“The vote recognizes that S-Communities is sabotaging our public safety,” Ammiano said. “The TRUST Act is the solution we need to begin rebuilding the confidence that our local law enforcement worked so hard to build, but that ICE has shattered."

Critics of the TRUST Act say California will turn into a ‘sanctuary’ state, a non-legal term used as an adjective for locations that serve as refuge for, and that protect illegal immigrants. Meanwhile, supporters of AB1081 hope to make it a national model and expect Governor Jerry Brown to sign it in the following days.

Two weeks ago, the U.S. Supreme Court ratified a provision of controversial Arizona’s Senate Bill 1070, which requires police officers to check the status of people they stop for an unrelated cause, if there is reasonable suspicion the person is illegally in the country.

AB1081l is being called the "anti-Arizona" law, a reference to SB1070, also known as Arizona anti-illegal immigration law.


'Illegal immigrant' is the uncomfortable truth

By Ruben Navarrette Jr.

What's in a name? For my friends and simpaticos in the immigration reform community, enough to go ballistic at the mere mention of the phrase: "illegal immigrant."

First, there's enough to be afraid of in this world -- from big government to monsters under the bed. We shouldn't be afraid of words. And when it comes time to declare a word or phrase offensive, we should be careful to do so judiciously and not go overboard.

That's my advice to my very good friend and business partner, Charles Garcia, for whom I have great affection and tremendous respect. He's my brother from another mother. That's true even on the rare occasion when he's wrong. And that's the case this week now that Charlie has written, in a thought-provoking column for, that the phrase "illegal immigrant" is "biased" and "racially offensive." He also implied that it's a "slur" and -- borrowing language from George Orwell -- a "worn-out and useless phrase."

Actually, it's none of the above. The phrase is accurate. It's the shoe that fits. It's reality. And, as is often the case with reality, it's hard for some people to accept.

Apparently, that includes people like Justice Sonia Sotomayor who, in her first opinion on the Supreme Court -- in a 2009 case called Mohawk Industries v. Carpenter, which involved a business accused of employing illegal immigrants -- used the term "undocumented immigrant." According to The New York Times, this was the first time that a Supreme Court justice had used that phrase. Other justices had previously gone with "illegal immigrant."

Undocumented immigrant? Really? That's politically correct, but it's also absurd. Most of these people have plenty of documents. A woman who makes a living cleaning homes in my neighborhood once explained to me that she had a drawer full of fake green cards and IDs saying she was -- pick one -- a native-born U.S. citizen, legal resident or exchange student. Many illegal immigrants have Matricula ID cards issued by Mexican consulates, foreign passports, drivers licenses in some states and phony Social Security cards where all nine digits are "0's."

This isn't about documents. It has been my experience that many of those who have trouble with the phrase "illegal immigrant" are really troubled by something deeper -- the fact that, at the end of the day, by supporting a pathway to earned legal status, they're defending a group of people who engaged in unlawful activity. For some folks, this is messy business. So they try to sanitize it by changing the language.

As a columnist, I don't mind messy. I have never used "illegal aliens," and I never will. And I don't use "illegal" as a noun. But, like many other journalists, including those at CNN, I do use "illegal immigrant." And I refuse to accept that doing so is tantamount to a hate crime. I don't want to demean anyone. But, as someone who makes his living with words, I'd also prefer not to degrade the English language.

Besides, in more than 20 years of writing about illegal immigrants -- oops, there, I said it again -- I've been accused of defending lawbreakers thousands of times. I plead guilty as charged. I don't condone illegal immigration, but I do often defend illegal immigrants who are unfairly exploited, picked on and blamed for everything from crime to pollution to the quality of public schools.

As Charlie correctly points out in the part of the column with which I agree, a lot of that nonsense comes from the Republican Party and shameful politicians who think that raising our blood pressure over illegal immigration is a shortcut to helping them raise their poll numbers and raise funds from contributors. I've spanked many of these officials before, and I look forward to the next opportunity.

For the record, I'm not against high blood pressure. I've been known to raise it myself. I think that, if people are upset that our immigration system is broken, they have a right to be angry. But I also think they should direct their anger at government and politicians, and not at the immigrants themselves.

I also think that illegal immigrants are more of a positive than a negative. They make a contribution to the U.S. economy, do jobs Americans won't do, replenish the American spirit with hope and optimism and often raise good kids with a work ethic and strong traditional values that put the native-born to shame. They're not a liability. They're an asset.

But, c'mon. These people are not saints. With the exception of DREAM Act kids involuntarily brought here by their parents, these people did something wrong. Illegal immigrants either overstayed a visa or crossed a border without authorization. That was wrong. Then many of them doubled down on the misdeed by using fake documents to procure employment or not paying income taxes on money earned, even though the federal government has set up an Individual Taxpayer Identification Number that allows illegal immigrants to pay taxes.

If that sounds harsh, blame my upbringing. I'm the grandson of a Mexican immigrant who came to the United States legally during the Mexican Revolution and my father spent 36 years as a cop. It's in my DNA to not make excuses for wrongdoing.

My friends in the immigration reform community need to get over their uneasiness and stop sugar coating who these people are and what they've done to get here. We can't fix the problem of illegal immigration until we deal with it honesty and candidly.

As Charlie mentioned, Justice Anthony Kennedy has an interesting take on illegal immigration, which he incorporated into the majority opinion in the recent Supreme Court decision striking down most of the Arizona immigration law. Kennedy wrote: "As a general rule, it is not a crime for a removable alien to remain present in the United States."

True. But "present" doesn't just happen. The estimated 10 million illegal immigrants who are unlawfully in the United States didn't just appear one day like the genie out of Aladdin's lamp. Like the old saying goes: "If you see a turtle resting on a fence post, you can be sure someone put it there. It didn't get there by itself."

At some point in time, again with the exception of DREAM'ers, someone did something bad. That doesn't make them bad people. But they broke the law. We're not talking about criminal law, and so they're not "criminals." Immigration law is based in civil law, and that's why those who break it get deported and not imprisoned. But these people are still lawbreakers, and -- by definition -- illegal immigrants.




    Although the truth seems to remain subdued, the illegal alien child tax credit is ready to resurface. My guess the IRS, the Obama administration prefer the truth not to come out. This however is a very serious situation, especially when Whistle-Blower steps forward and tell the truth about this disgraceful state of affairs. This is an article from the NumbersUSA website, which the open border fanatics would certainly not want you to see:

    The Treasury Department’s Inspector General determined that $4.2 billion was paid in 2010, up from less than $1 billion in 2005. Leading Democrats are resisting a bill that would stop future payments. YOU MIGHT DEMAND FROM THE OBAMA INJUSTICE DEPARTMENT, WHY ARETHEY PURSUING ARIZONA, ALABAMA, GEORGIA, UTAH, SOUTH CAROLINA AND SOME OF THE OTHER STATES, WHEN THEY ARE TRYING TO PROTECT THEIR LAWFUL INHABITANTS FROM THE ILLEGAL ALIEN FINANCIAL INVASION?

    In WTHR’s latest report on Individual Tax Identification Number (ITIN) abuse and fraud, the Indianapolis NBC affiliate discussed revelations brought forward by an IRS whistleblower - "We were being told by upper management to ignore fraud, to assign ITIN numbers and...Pay out refunds to people who are laying…It's a license to steal when you allow that."

    Howard Antelis, a tax examiner at the IRS's ITIN processing center in Texas, contacted WTHR after seeing its series on ITIN fraud. He and other tax examiners said that IRS managers, for years, instructed them to "look the other way" while processing ITIN applications that appear to be fraudulent – even if they contain clear signs of criminal activity.

    One time, Howard decided to investigate ITIN applications for dozens of children attending the same school in South Carolina. (Adult tax filers can request an ITIN for a child in order to get child tax credits and a larger tax refund.) He discovered the school didn't exist, but his bosses ordered him to approve the scam applications anyway.

    Howard said, "We're tax examiners but the truth is we're not supposed to look into anything…It's like an assembly line…Get it out of here and don't worry about the fraud. Fraud slows us down…We're supposed to protect taxpayers, so somebody had to say something." He decided to call the Inspector General's office in Washington, D.C.

  2. The IG's office sent auditors to interview Howard and other tax examiners. They learned that IRS employees were actually encouraged to ignore signs of fraud. The final report on the investigation, which took over a year, will be released this summer. It's expected to show that millions of illegal aliens can get ITINs by filing fraudulent paperwork.

    "It's pure negligence by management and they've been trying to keep it quiet," Howard said. "There is a criminal element that is defrauding the U.S. government by filing mountains and mountains of these fraudulent applications…[The IRS managers] don't want to deal with it. That's where all the fraud is. The fraud is in the fake notary stamps and fake documents which we've been accepting…There is a state-by-state list of notaries that shows which are registered and legitimate, but the IRS won't let us check those registries."

    After WTHR first reported on ITIN mismanagement and fraud, the IRS sent senior officials to investigate the ITIN processing center. WTHR says this has led to tax examiners getting more training on identifying fraudulent paperwork and equipment to help them better inspect documents. Also, illegal aliens must now prove their identity through original, certified documents.

    Howard’s revelations did not come without a cost to him personally. The IRS dropped his job performance rating, which affects his paycheck. The IRS claimed his job performance dropped from "exceeds fully successful" to "minimally successful." Still, Howard wants to continue his fight for ITIN reform. "I just want to see things fixed. We've been allowing the U.S. taxpayer to get robbed for years now and those days appear to be over."

    If we are ever going to get out of this $16 trillion dollar mess, both party incumbents need to be thrown out of office. The only sanity left in Washington is the slow but growing group of Constitutional TEA PARTY leaders, who should replace not only the Democrats, but the majority of Republicans who don’t comply with the ‘Rule of Law’. If we just vote for the same mixture of low key criminals, we will never recover from the issues that plague us? Whether it’s the 20 million illegal aliens and the strong criminal element amongst us, they should not be rewarded for breaking our laws; the law abiding citizen and green card holder are carrying with financial support billions of dollars annually. Nor should we forget the state, county and municipal governments, who are just as guilty in stealing, tax payer’s money, to support the illegal alien invasion. Join the growing millions of TEA PARTY members at your local chapter, as this is the only way America can survive. WELFARE COSTS FOR CHILDREN OF ILLEGAL ALIENS EXCEEDS $646 MILLION IN JUST LOS ANGELES COUNTY ALONE– CAN YOU EVEN COMPREHEND THAT FIGURE?


    E-Verify are still currently voluntary, but if it were made mandatory, illegal migrants and immigrants would be locked out of the mainstream workforce, and change to the Birthright citizenship bill. A simple amendment would halt forever illegal aliens coming here and taking advantage by using their unborn children as a right to citizenship welfare. If E-VERIFY were passed by Washington as permanent and an amendment to the BIRTHRIGHT CITIZENSHIP ACT, it would definitely stem the millions of foreign pregnant Mothers who come here draining states and federal treasuries. You the voter have the power to stop the THEFT of your taxes.

    I have no sympathy for the population of California, as they keep on voting for the same clowns in Sacramento with the approval of the head Clown Governor Jerry Brown signed what is called the anti-Arizona law. But remember in States where there is little or no enforcement of voting laws such as the Socialist-Marxist –Liberal state of California—ILLEGAL ALIENS ARE VOTING. What is going to happen now with this ‘Sanctuary state’ is millions of illegal alien families are going to converge on California, as its open day for public welfare and other services. In 2006 illegal aliens withdrew $1 billion dollars in state uncompensated assistance and that doesn’t include education.