Senate Rejects Harmful Immigration Amendments to Inflation Reduction Act

BY AARON REICHLIN-MELNICK

On Sunday after nearly 24 hours of deliberation, the Senate passed a historic budget reconciliation package, known as the “Inflation Reduction Act,” that rejected a series of harsh immigration enforcement provisions and approved a myriad of federal programs climate change, tax enforcement, and healthcare. The version of the bill that was introduced did not include any positive immigration provisions either, despite previous hopes last year a reconciliation bill might include immigration. Senate Democrats held firm on voting against a mandatory extension of Title 42, as well as several other harmful immigration amendments. One immigration amendment offered by Sen. James Lankford of Oklahoma would have given the Department of Homeland Security a symbolic $1,000,000 to continue Title 42 indefinitely until 120 days after the COVID-19 public health emergency is terminated, something that is not likely to happen for years. Democrats managed to hold firm against this amendment and defeated it 50-50 by offering a second option for vulnerable members who have previously supported more modest extension of Title 42. That option was a vote for a modified version of a bipartisan bill Lankford had previously put forward with Sen. Kyrsten Sinema of Arizona and other Senate moderates. That vote ultimately failed as well, because it required a 60-vote threshold, allowing six vulnerable Democratic senators to join with the Republican caucus and vote in favor, while knowing the amendment would not pass. Some Republican amendments were defeated without requiring Democrats to offer an alternative for their more vulnerable members to be able to vote for instead. For example, Sen. Rick Scott of Florida offered an amendment which would block the hiring of any new Internal Revenue Service agents until the Border Patrol hired an additional 18,000 agents “over the top” of the agency’s current total of nearly 20,000 agents. That amendment was defeated on a 50-50 vote. Other amendments aimed to strip out climate-related funding to DHS and replace it with funds for immigration enforcement. An amendment offered by Sen. Bill Hagerty of Tennessee would have eliminated $500 million to DHS for climate resiliency and climate-changerelated disaster relief and replaced it with a $440 million slush fund for Immigration and Customs Enforcement that had to be spent in the next two months on deporting and arresting individuals who committed felonies. Another amendment would have stripped out the same climate funding and instead redirected that money to building new border wall. Each of those amendments was defeated in turn. Although anti-immigrant measures were rejected throughout the night, many immigration advocates and affected community members expressed concerns about the lack of positive immigration amendments in the final bill, such as visa recapture and other legislative priorities. The next chance for many of those provisions is an upcoming vote on the National Defense Authorization Act. The version of that bill that passed out of the House of Representatives contained protections for so-called “documented dreamers,” as well as increased support for Afghan evacuees and their families. With reconciliation no longer appearing to be a viable path forward for those provisions, all eyes are now on other legislative vehicles that could finally lead to at least some minor immigration reform.l

Senator Schumer. Editorial credit: lev radin / Shutterstock.com

IMMIGRATION

13 Who Enforces Immigration Policy Anyway?

BY AMERICAN IMMIGRATION COUNCIL STAFF

The lack of a major overhaul in the United States’ immigration system for roughly thirty years has created an ecosystem where states have attempted to insert their authority over immigration, especially when it comes to enforcement. Texas has made headlines with its tougher approach and outsized role in shaping America’s immigration enforcement policy, while some states have adopted policies to create more welcoming communities. So, when it comes to certain functions of immigration policy, it is worth asking “Whose role is it anyways?” Over the last year, Texas has used the power of federal courts to stop the implementation of the Biden administration’s immigration enforcement priorities and put into effect its own plan to inspect traffic entering the country through ports-of-entry, a duty typically reserved for U.S. Customs and Border Protection (CBP). But while Texas is the most recent and visible example, the state is by no means alone in shaping policies that impact immigrants living in the United States; some states have opted to adopt laws that make them more welcoming to immigrants, while others have taken an anti-immigrant stance. What is the role of the federal government? The U.S. Supreme Court has made clear through cases like Arizona v. U.S. — which invalidated significant parts of SB 1070, a comprehensive Arizona law nicknamed the “show me your papers law” that sought to regulate several aspects of immigrants in the state — that the U.S. Constitution gives the federal government the exclusive power to regulate immigration, not individual states. As one may recall from high school civics class, Congress is in charge of making the laws. Congress enacted the Immigration and Nationality Act, which regulates everything from the type of visas available to enter the country to the requirements for someone to become a U.S. citizen. This law empowers the

Editorial credit: Sundry Photography / Shutterstock.com

executive branch to carry out immigration law. Since the executive branch is in charge of executing these laws, this power has been delegated to a hodgepodge of federal administrative agencies and subagencies led by the U.S. Department of Homeland Security (DHS). The DHS houses sub-agencies such as: •U.S. Citizenship and Immigration Services (USCIS), which receives and decides applications for immigration benefits; •U.S. Customs and Border Protection, which inspects individuals entering the country and detains those who enter without authorization; and •Immigration and Customs Enforcement (ICE), which arrests those who are found in the country without authorization. DHS can and does establish a host of regulations that supplement, but don’t supersede, the laws enacted by Congress. These “rules” guide the various DHS subagencies on how to apply and enforce the laws. Recently, for example, DHS published proposed rules that would change the way the agency processes applications for asylum. Beyond enforcement, the country’s system of immigration courts is also under the purview of the executive branch, in this case the Department of Justice. The DOJ’s Executive Office for Immigration Review makes decisions on who is allowed to remain in the country under the law and who should be removed. Immigration judges are technically employees of the Department of Justice; the United States does not have an independent immigration court system.

What role do states play in our complex immigration system? States have a very limited role, but that has not stopped states like Texas from attempting to interject their own enforcement methods. State and local law enforcement agencies may cooperate with the federal government through voluntary programs like the “Secure Communities” and 287(g) continued on page 14

Immigration Policy/ continued from page 13 agreements. But these programs are voluntary. And due to the controversial nature of these programs, many communities throughout the country have implemented policies that prohibit cooperation between local law enforcement and federal immigration authorities, because such cooperation uses state taxpayer dollars for federal enforcement and ultimately makes communities less safe. Beyond enforcement, state and local governments can pass laws and ordinances that impact immigrant communities without veering into federal jurisdiction, including: •While states don’t have the authority to grant employment authorization to immigrants, they do have the power to determine state professional and occupational licensing regulations, which can be used to reduce barriers for internationally trained professionals; •Determine who can access state-funded social programs; •Determine residency requirements for in-state tuition and state financial aid at public universities; •Determine requirements for non-REAL ID compliant state driver’s licenses and identification cards; •Determine what personal information to include in state data privacy laws, including immigration status; •Provide government, workforce development, and small business services and information in languages other than English; •Support access to and navigation through the local primary K-12 school system; •Make legal assistance available for immigrants who are applying for naturalization or in removal proceedings; and Establish a city, county, or state level office of immigrant affairs to help newcomers navigate their new home.

Despite state and local government rhetoric and actions that seem geared toward generating headlines without actually addressing challenges, ultimately it is up to the federal government to address the most pressing immigration policies. But until Congress acts, states and local communities can continue to introduce policies that ensure all residents can belong and thrive.l

Homeland Security Secretary Alejandro Mayorkas Editorial credit: lev radin / Shutterstock.com

Written by Leani Garcia Torres and Raul Pinto

14 American Immigration Council Sues to Get Records of ICE’s Treatment of Haitian Nationals Facility

In the aftermath of the horrific scenes that surfaced last September showing Customs and Border Protection (CBP) officers violently arresting Haitian migrants attempting to cross the U.S.Mexico border, thousands of Haitian nationals were taken into custody by Immigration and Customs Enforcement (ICE). Dozens were taken to the Torrance County Detention Facility, a detention center in a remote part of New Mexico notorious for its deplorable living conditions. After partner organizations filed a complaint with oversight agencies within the Department of Homeland Security noting due process violations at this detention center, the Council filed a Freedom of Information Act (FOIA) request to find out more about the agency’s treatment of Haitian migrants detained at Torrance. The FOIA request asked the agency for records and data related to people detained at Torrance, including information about whether the agency granted detained individuals access to legal representatives and how ICE officers decided to release individuals on parole. When ICE did not produce the requested records, the Council sued under FOIA to compel ICE to release the records. The records should clarify what happened to Haitian nationals detained at Torrance and help advocates determine whether the agency discriminated against this vulnerable population.l

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Brooklyn Get Ready: It’s Carnival, Time to Pump!

Editorial credit:Marvel

Brooklyn, NY: Are you ready for the official New York Carnival Week 2022 presented by West Indian American Day Carnival Association (WIADCA)! Starting with our first partner event, ‘Vibes w/Voicey Concert’, last year was nice so we bring it back twice!!!!! New York Carnival Week continues with several events for all ages like Island 2 Island, Youth Fest & Junior Carnival Parade, Pan in A Minor, Paintopia Jouvert Fete and Amnesia that feature cultural Ambassadors representing the Caribbean! Join us in the ‘BIG YARD’, safe, lots of vibes and easy to get to - Get your tickets and updates today @ carnival.nyc! Follow WIADCA on FB and IG. Carnival Monday, WE HIT DI ROAD!!! Costumes, valid registrations and permits according to all rules and regulations are a must to participate, with safety and COVID ‘Mask-Up’ measures as priority. Visit carnival.nyc for updates. “This year our return to the Parkway inspires us to continue the cultural work on behalf of our community, City, State and partners. Without them, the Mas’ and Pan groups especially, we would not be here today. Our losses were tough, but we stood stronger together to overcome by providing for others and producing several impactful community programs for youth, adults and seniors,” says Michelle Gibbs-Francis WIADCA Chair.l

Kitchen Corner Sweet Grilled Peaches

Peaches are spruced up with a little honey and a dash of cinnamon before being packaged into foil and cooked on the grill. As my husband says, these taste like a peach cobbler without the crust! —K. Douglas, AllRecipes.com

Ingredients 1 (16 ounce) package frozen peach slices ½ cup honey 2 tablespoons cinnamon

Directions Step 1 Preheat a grill for medium heat.

Step 2 Place peaches onto a large piece of aluminum foil. Use two if necessary to hold in all of the peaches without spillage. Drizzle the honey over the peaches, and sprinkle with cinnamon. Close up the foil, sealing tightly. Step 3 Place the foil packet onto the preheated grill, and cook for 10 minutes, turning once halfway through. Carefully open the packet, and serve.

Nutrition Facts Per Serving: 244 calories; protein 1g; carbohydrates 64.9g; fat 0.2g; sodium 8.9mg. l Prep: 5 mins Cook: 10 mins Total: 15 mins Servings:4

Editor’s Note: My personal preference is fresh ripe peaches. Fresh peaches are sweet, juicy, and tender. Ripe peaches are a treat on their own, but this grilled peaches recipe makes them even sweeter! Top them with ice cream or nuts for a perfect summer dessert.

Be Aware of Travel Scams

BY LINDA HOHNOLZ, ETN EDITOR ETURBONEWS.COM

We know the idiom: If it sounds too good to be true, it probably is. Yet, with summer’s end looming, many are rushing to fulfill their travel yearnings and may jump at the wrong chance for a deal that is too good to be true. Let the buyer beware of the travel scam!

Online Vacation Rentals The biggest and most common scams happen online. Why? Because they’re hard to detect, and you usually don’t ever meet anyone in person or see any property yourself except for in images. So, in this case, you’re probably better off going with known big gun companies when trying to rent vacation accommodations online, because you just never know if the listing is legitimate or not. You may think you have found an incredible vacation deal or rental property through a website, and then you are told by the scammer to submit a deposit (typically by wire transfer) in order to secure the deal. It isn’t unrealistic to believe that you’d have to put some kind of deposit down to hold a reservation, but if the listing isn’t real, there goes your money and your vacation down the tubes. Or the property doesn’t exist… sort of. Well, in a different way. When you arrive for your vacation getaway, the property may not be what was represented online. Scammers often use the same images in different property listings – so do your homework and look around. There are tips for scams if you just keep your eyes open. Research that name and number or information you are given when being asked to send money. If it leads to nothing, it is nothing and doesn’t exist in the real world. But that’s the “beauty” of the online scam – it’s a virtual reality out there.

You Won a Trip! In this scam, you are lured into believing you have won a free trip, but there is one thing that is needed to get your “free” trip moving. They just need you to pay the taxes, port charges, or travel fee first. Don’t believe it. If it’s free, it’s free; if it isn’t, well, it isn’t.

Travel Clubs If you just cough up a membership fee for this travel club, the discounts will be remarkable. Again, we acquiesce to how this article opened – if it sounds too good to be true, it probably is. You may be asked to pay additional charges for reservations that make a discount meaningless or be constantly led to amazing deals that have somehow amazingly just sold out. Your luck with these kinds of “clubs” will be nothing but misfortune after misfortune.

Free Timeshare Weekend Now, this scam takes patience on the part of the scammer. So let’s say you went on a free weekend to listen to a timeshare presentation. You didn’t buy in on the timeshare, and that was the end of that, right? You were not, after all, under any obligation. But then some time goes by, and you receive a phone call reminding you of that free weekend and the fact that you had signed an agreement to view a second timeshare presentation but failed to do so, and now you owe quite a bit of money because you are going to be charged for that weekend that was supposed to be free. But not to worry. For a mere $250, they can stop the legal proceedings against you. Just hang up. Really people? And for goodness sakes, don’t ever sign anything you’re not sure of!

Protect Yourself The best way to protect yourself from travel scams is if you pay for something ahead of time, do it with a credit card or PayPal. Both of these options simplify making a dispute of a fraudulent charge.l

Stock photo. Posed by model.

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