Posted on July 27, 2009

Obama Setting the Priorities on Immigration

Anna Gorman, Los Angeles Times, July 26, 2009

As Congress moves slowly on immigration reform, President Obama is making numerous policy changes in enforcement and other areas that are designed to shift priorities and boost confidence in the administration as it lays the groundwork for possible legislation.

Most of the changes are being driven by Homeland Security Secretary Janet Napolitano and are primarily aimed at illegal immigrants with criminal records and employers who hire undocumented workers. Napolitano is working with lawmakers to develop a strategy for comprehensive legislative reforms.

In the meantime, she is “taking steps to ensure enforcement is conducted wisely and well,” said White House spokesman Nick Shapiro.

The recent administrative changes include:

* New guidelines directing immigration agents to target employers who hire illegal immigrants rather than simply arresting undocumented employees.

* A requirement that all local police agencies deputized to check immigration status and turn criminals over for possible deportation sign new agreements pledging to focus on those who pose a risk to public safety.

* The implementation of a rule that requires federal contractors to use E-Verify, an online employment-verification program.

* The expansion of a program that uses government databases during the booking process to find illegal immigrants in the nation’s jails.

Napolitano is expected to address immigration detention next. {snip}


Immigrant-rights advocates praised Obama for fixing what he can now while he begins working on reform legislation. Obama has said repeatedly that he will push for a bill that would include a path to legalization for the nation’s undocumented immigrants.

“It makes sense to do now what the administration can do,” said Ana Avendano of the AFL-CIO. “It doesn’t have to go through Congress. It doesn’t have to go through the toxic political process.”


But critics said Obama and Homeland Security officials were weakening the immigration laws and making it easier for illegal immigrants to live and work in the U.S.

“They are systematically gutting the enforcement capabilities of the federal government,” said Ira Mehlman, spokesman for the Federation for American Immigration Reform. “Their strategy is to try and demonstrate they are serious about [enforcement] at the same time without actually doing it.”

The government may have shifted its focus to employers, but workers are still being laid off because of increased audits and the use of E-Verify, said Nathalie Contreras, a union organizer and member of Southern California Immigration Coalition. {snip}

Overhill Farms, a major food processing plant in Vernon, fired 260 workers in May after an Internal Revenue Service audit found that they provided “invalid or fraudulent” Social Security numbers. Like agriculture, the food-processing and preparation sectors rely heavily on immigrant labor, much of it illegal.


At the border, Napolitano has shifted hundreds of federal agents and intelligence analysts to the area to target the southbound flow of weapons and the northbound flow of drugs, attack the drug cartels and prevent drug violence from spilling into the U.S.

The federal government is also clearing the backlog of pending FBI background checks on immigration petitions and speeding up processing of citizenship applications.

Rep. Zoe Lofgren (D-San Jose) said it’s always faster for the president to make policy than for Congress.

“You don’t need 218 votes in the House and 60 votes in the Senate, or floor time or debate time,” she said. But Lofgren said only Congress can fix the legal immigration process and the long waits for family petitions. She also hasn’t agreed with every change and is still waiting for Napolitano to address medical care in detention.