Mark Cromer: No, You Can’t!

» Realist on 04.12.09 @ 08:30 PM

Great article - ducking for the onslaught of “bigot” comments from the masses. And -uh one, and-uh two…mark, set, GO!

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» Ken Tatro on 04.13.09 @ 07:22 AM

Hi Mark,

You have set out your concerns and fears here quite well.

Yes, it is a complex issue, very challenging to unravel and sort out to the most win-win outcome we can generate. At the same time, it is doable, as soon as we make up our minds we want to do so.

Do you have any workable and viable suggestions as to how we should deal with it?

Ken Tatro

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» LO on 04.13.09 @ 09:45 AM

YES WE CAN! Immigration Reform now!! Legalize the undocumented!!!! U.S. Citizen for CIR!!

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» No You Can't on 04.13.09 @ 10:28 AM

My wife recently had a baby and we received a bill from Cottage for nearly $20,000 before insurance payments.  A friend in Utah just had a baby and she was invoiced for under $5,000 before insurance.  I guess we’re paying for the other three babies I saw in the nursery as well.

By the way, if we cut off the government handouts to the lazy Americans, you might actually see some of them in the fields.

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» Native American on 04.13.09 @ 10:41 AM

Ignorance is Bliss: Those who have NO CLUE or QUALIFICATIONS about Immigration are those who show their IGNORANCE :)

In the 20-plus years I have spent studying, lecturing and litigating immigration issues, two things have always amazed me. The first is the amount and intensity of hate spewed against undocumented workers. The second is the amount of misinformation that is published about them.

On this second point, the quote from Mark Twain is illustrative. “A lie can travel halfway around the world while the truth is putting on its shoes.” I suppose this may be true in part because misinformation, like a lie, requires no accuracy, validation or research; all of which are time-consuming practices.

The recent letters alleging that all undocumented workers are “criminals,” and specifically Veronica Suarez, whose plight was written about in the Tracy Press recently, is a criminal are factually incorrect.

According to the facts (as stated in Sharon Franceschi’s Sept. 7 commentary) Saurez entered the U.S. on a valid visa, overstayed her visa when it expired, resulting in her unlawful immigration status. None of these acts, as stated by Franceschi, constitute a crime under federal or state law. Overstaying a valid visa under the Immigration and Naturalization Act is a civil violation of the law, not a criminal violation. Being in the U.S. in under undocumented status is not a criminal violation, but a civil violation of the INA.

The facts, as stated by Franceschi, do not indicate that Suarez has committed any crime. To call her a criminal is erroneous at best, and libelous at worst.

Furthermore, it is an Americanism that a person is innocent until proven guilty. So until Suarez (or any other undocumented person) is charged and found guilty of a crime, it would be inappropriate to call them “criminals.”

It is important to note that there is a very large difference between civil and criminal violations of law. The distinction is so important that the law makes the erroneous allegation that one has committed a crime of slander or libel, (which means liability is automatic even without proof of damages). One who violates the civil law is no more a criminal than someone who has breached a contract or accidentally damaged another’s property.

It is true that entering the United States without inspection is a misdemeanor under the INA. The misdemeanor is completed once an individual’s entry is complete. Suarez, according to Franceschi, did not enter without inspection; she entered with a valid visa. According to U.S. Immigration and Citizenship Services statistics, about 40 percent of undocumented persons enter legally and overstay their visas (which, as stated above, is not a crime). Consequently, at least 40 percent of the undocumented population has committed no crime in regards to their immigration status.

Therefore, one cannot assume that a person has committed a crime simply because they are undocumented.

Franceschi is also in error in her allegation that getting married and having children while being undocumented in the U.S. is a violation of the law. It is not. Franceschi goes on to say that Suarez “apparently bought a house illegally.” It is unlikely that Franceschi knows exactly how Suarez purchased her home. Consequently, any allegation of illegality is, at a minimum, irresponsible.

It is also important to note that the Immigration and Citizenship Services doesn’t consider all undocumented persons criminals. When the Immigration and Citizenship Services publishes information about its enforcement activities involving undocumented workers, it are always sure to make a distinction between “criminal” and noncriminal aliens.

Another myth is that the term “illegal aliens” is a term of art or is legal jargon. This term is not found anywhere in the INA or in Blacks Law Dictionary. The INA refers to undocumented persons as either an EWI (entered without inspection) or as someone who has overstayed their visa. “Illegal aliens” is a term invented by anti-immigrant groups designed to put undocumented persons in the worst possible light and to instill fear in Americans. It is intentionally designed to associate undocumented persons with criminality.

This xenophobic view that undocumented persons are “simply criminals” comes from the historical stereotype that the foreign-born, especially undocumented immigrants, are responsible for higher crime rates. This misconception has deep roots in American public opinion and popular myth. This myth, however, is not supported empirically and has repeatedly been refuted by scientific studies. Both contemporary and historical data, (including U.S. governmental studies) have shown that immigration is associated with lower crime rates.

The studies have uniformly shown that recent immigrants (including the undocumented) are less likely to be involved in violent crime, and that when there is an increase in immigration patterns, violent crime decreases. This has been shown to be true in large cities with heavy immigrant populations.

In the most recent of these studies, The Myth of Immigrant Criminality and the Paradox of Assimilation (2007), from the Immigrant Policy Institute, it was found that among men age 18 to 39 (who are the vast majority of inmates in federal and state prisons and local jails), immigrants were five times less likely to be incarcerated than the native-born in 2000.

During the Proposition 187 debate, then-Gov. Pete Wilson published statistics that stated that
12 percent to 15 percent of the state prison population had Immigration and Citizenship Services holds or potential holds. The Department of Corrections analyst who compiled these numbers said Immigration and Citizenship Services holds are placed on inmates who were born outside of the U.S. (therefore 12 percent to 15 percent of the prison population was immigrants). The immigrant population at the time in California hovered at about 25 percent, showing immigrants were much less likely to be incarcerated than the native born in California.

In short, the data shows you are much safer if your neighbor is an immigrant.

Franceschi owes Suarez an apology. I am also surprised that the Tracy Press allowed a commentary to run without checking the facts. Although commentaries are designed to allow for the expression of differing opinions, the First Amendment is not as generous with misstatements of facts — especially when the facts can be libelous.

For the immigration debate to be a healthy one, we should strive for a debate based on facts, not myth or tired stereotypes. We should also not let our position on this topic strip us of one of the great qualities we possess as people — the ability to be compassionate.

Arturo E. Ocampo of Tracy has been a practicing attorney since 1985, with an expertise in immigration rights and class action lawsuits on behalf of immigrants, including the way the Immigration Reform and Control Act of 1986 was implemented, Border Patrol’s raids and Proposition 187. He is director of diversity and equal employment opportunity for the San Jose/Evergreen Community College District.

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» Rob Egenolf on 04.13.09 @ 10:57 AM

Oops simple decimal point error. I meant billions not trillions.

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» John Locke on 04.13.09 @ 11:28 AM

but if they overstayed their visas they are here illegally, whether or not they entered illegally.

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» Truth on 04.13.09 @ 05:01 PM

Undocumented immigrants paying more taxes than you think!! Eight million Undocumented immigrants pay Social Security, Medicare and income taxes. Denying public services to people who pay their taxes is an affront to America’s bedrock belief in fairness. But many “pull-up-the-drawbridge” politicians want to do just that when it comes to Undocumented immigrants. The fact that Undocumented immigrants pay taxes at all will come as news to many Americans. A stunning two thirds of Undocumented immigrants pay Medicare, Social Security and personal income taxes. Yet, nativists like Congressman Tom Tancredo, R-Colo., have popularized the notion that illegal aliens are a colossal drain on the nation’s hospitals, schools and welfare programs — consuming services that they don’t pay for. In reality, the 1996 welfare reform bill disqualified Undocumented immigrants from nearly all means tested government programs including food stamps, housing assistance, Medicaid and Medicare-funded hospitalization. The only services that illegals can still get are emergency medical care and K-12 education. Nevertheless, Tancredo and his ilk pushed a bill through the House criminalizing all aid to illegal aliens — even private acts of charity by priests, nurses and social workers. Potentially, any soup kitchen that offers so much as a free lunch to an illegal could face up to five years in prison and seizure of assets. The Senate bill that recently collapsed would have tempered these draconian measures against private aid. But no one — Democrat or Republican — seems to oppose the idea of withholding public services. Earlier this year, Congress passed a law that requires everyone who gets Medicaid — the government-funded health care program for the poor — to offer proof of U.S. citizenship so we can avoid “theft of these benefits by illegal aliens,” as Rep. Charlie Norwood, R-Ga., puts it. But, immigrants aren’t flocking to the United States to mooch off the government. According to a study by the Urban Institute, the 1996 welfare reform effort dramatically reduced the use of welfare by undocumented immigrant households, exactly as intended. And another vital thing happened in 1996: the Internal Revenue Service began issuing identification numbers to enable illegal immigrants who don’t have Social Security numbers to file taxes. One might have imagined that those fearing deportation or confronting the prospect of paying for their safety net through their own meager wages would take a pass on the IRS’ scheme. Not so. Close to 8 million of the 12 million or so illegal aliens in the country today file personal income taxes using these numbers, contributing billions to federal coffers. No doubt they hope that this will one day help them acquire legal status — a plaintive expression of their desire to play by the rules and come out of the shadows. What’s more, aliens who are not self-employed have Social Security and Medicare taxes automatically withheld from their paychecks. Since undocumented workers have only fake numbers, they’ll never be able to collect the benefits these taxes are meant to pay for. Last year, the revenues from these fake numbers — that the Social Security administration stashes in the “earnings suspense file” — added up to 10 percent of the Social Security surplus. The file is growing, on average, by more than $50 billion a year. Beyond federal taxes, all illegals automatically pay state sales taxes that contribute toward the upkeep of public facilities such as roads that they use, and property taxes through their rent that contribute toward the schooling of their children. The non-partisan National Research Council found that when the taxes paid by the children of low-skilled immigrant families — most of whom are illegal — are factored in, they contribute on average $80,000 more to federal coffers than they consume. Yes, many illegal migrants impose a strain on border communities on whose doorstep they first arrive, broke and unemployed. To solve this problem equitably, these communities ought to receive the surplus taxes that federal government collects from immigrants. But the real reason border communities are strained is the lack of a guest worker program. Such a program would match willing workers with willing employers in advance so that they wouldn’t be stuck for long periods where they disembark while searching for jobs. The cost of undocumented aliens is an issue that immigrant bashers have created to whip up indignation against people they don’t want here in the first place. With the Senate having just returned from yet another vacation and promising to revisit the stalled immigration bill, politicians ought to set the record straight: Illegals are not milking the government. If anything, it is the other way around. The Undocumented Immigrants pay the exact same amount of taxes like you and me when they buy Things, rent a house, fill up gas, drink a beer or wine, buy appliances, play the states lottery and mega millions . Below are the links to just a few sites that will show you exactly how much tax you or the Undocumented Immigrant pays , so you see they are NOT FREELOADERS, THEY PAY TAXES AND TOLLS Exactly the same as you, Now if you take out 10% from your states /city Budget what will your city/state look like financially ? Stop your folly thinking , you are wise USE YOUR WISDOM to see the reality. They pay more taxes than you think, Including FEDERAL INCOME TAX using a ITN Number that is given to them by the IRS, Social Security Taxes and State taxes that are withheld form their paychecks automatically. GAS Taxes paid by you & the Undocumented are the same. Go to and check out your states tax; http://www.gaspricewatch.com/usgastaxes.asp Cigarette Taxes paid by you & the Undocumented are the same, check this out in : http://www.taxadmin.org/fta/rate/cigarett.html Food Taxes, paid by You & the Undocumented are the same in each state check your state : http://www.taxadmin.org/fta/rate/sales.html Clothing Sales Taxes, are the same paid by you & the Undocumented Immigrant; http://en.wikipedia.org/wiki/Sales_taxes_in_the_United_States City Taxes, are the same paid by you or the Undocumented, since he pays rent and the LANDLORD pays the city : http://www.town-usa.com/statetax/statetaxlist.html Beer Taxes, are the same paid by you or the Undocumented: http://www.taxadmin.org/fta/rate/beer.html TAX DATA : http://www.taxfoundation.org/taxdata/show/245.html

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» Realist on 04.13.09 @ 07:22 PM

How do you withhold taxes from a “paycheck” when you’re paid in cash? Are you saying they pay taxes voluntarily with a stolen SSN when they don’t have to? Get real.

Honestly native american, or truth or whoever you are - your comments might be a little more digestable and readable if you kept it short. You sound more than slightly defensive (or guilty?). Methinks you protesteth too much. Nobody asked you to write an opinion column. I would love to debate your BS but I don’t have time. But most of what you say points to the fact that the system is being abused, another major reason to stop this nonsense. Leave a little room here for other commentary.

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» Truth on 04.14.09 @ 04:36 AM

Realist,
The IRS gives the anyone who wants to pay taxes a ITN Number, its Individual Tax Number, . GOT IT ?? :)
Now go sit in your Conner and stop being angry at Almighty Gods Children.
Instead of wasting your life what others are doing, move your wazoo and get educated so you wont worry about poor uneducated Food Picking immigrants taking your JOB , GET IT ?

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» LO on 04.14.09 @ 05:49 AM

Hey Realist,

Believe it or not I know many who pay taxes using a non-existent SSN. It doesnt belong to anyone,it just doesnt exist. Therefore they receive No-Match letters from the SSA….Belive it. They are paying taxes!!! That is Real.

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» Egad on 04.16.09 @ 03:45 PM

Any of you greenies care to comment on the effect of unchecked rampant illegal immigration on the environment? I didn’t think so.

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» deepthinker on 04.16.09 @ 07:38 PM

To Truth, Native American, and others posting on behalf of the “illegal immigrants” (or what ever label one considers appropriate), while I respect your seemingly intelligent analysis, I just have one question I always ask after which you and your arguements always seem to fade away and quickly the conversation is over:

Just give me your name and bank account number so we can start sending all the bills for the related expenses directly to you so you can pick up and pay personally the tab, so we taxpayer / citizens DON’T HAVE TO !!

This request stops the debate, and your arguements of justification, EVERY TIME !

Further more, I would like to ask you, if your arguements are SO valid (the jist of which is that these elements are actually helping our economy), then why in the State of California (Mexifornia), where this problem is the worst currently and has been the worst the LONGEST period of time, is said state PERPETUALLY in a state of pending bankrupctcy since the 1970’s-1980’s, requiring numerous federal bailouts at the expense of the national taxpayers / citizens OVER AND OVER AGAIN AND AGAIN ?

The first time California (Mexifornia) sought a federal bailout, it was blamed on “bad investments”, which was in part true.

But by now, even a third grade level of intelligence can “connect the dots” to see the TRUE “big picture” of gloom and doom caused by the Mexification of the State of California, aided and abetted by all the pro-Mexican politicians at various ranking levels in the State’s political forum, many of whom, publicly brag and boast about how they are taking over the state from the gringos with social-economic-financial-political-moral-ethical sly and subtle warfare subversion.

All your “in depth factual analysis” is exposed as the TRUE MYTH it is, by the reality of the situation; hell, by your analysis, California (Mexifornia) should be booming like the California gold rush, instead of going belly up requiring one federal bailout after another.

As California (Mexifornia) goes, so goes the nation.

Respectfully,

http://www.theinvisiblewar.info

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» nationalist on 04.17.09 @ 02:28 PM

13 million americans out of work,and mr obama wants to legalize 30 million illegal aliens to compete for american jobs. THIS COUNTRY IS GOING DOWN THE TUBES,AND FAST

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» GET INVOLVED !!! on 04.19.09 @ 05:08 PM

E-verify is on life support till then end of MAY !
287g is being put under a microscope and studied to death ?
200,000 veterans and millions of Americans are Homeless - Unemployed and the TWO TOOLS that work to fight illegal immigration might become extinct if we don`t - GET INVOLVED !!!
  Call congress daily @ 866-220-0044 or 800-828-0498 and   DEMAND our immigration laws be enforced !
  DEMAND Janet Napolitano RESIGN or be FIRED !
  DEMAND E-VERIFY and 287g be MANDITORY NATIONWIDE !!!
join: -  numbersusa.com -  capsweb.org -  fairus.org - jbs.org - alipac - grassfire-to send FAXES and E-MAILS !
visit:  americanpatrol.com -  outragedpatriots.com - 
theterryandersonshow.com -  americanvoiceradio- Please pass these sites and #`s along every American needs them!
  THANKS !!!  ( 1 of 200,000 )  GET INVOLVED !!!
  ENFORCE OUR LAWS !  DEPORT THEM ALL !
  GOD BLESS THE U.S.!!!

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» PJ on 04.26.09 @ 09:15 AM

I do not agreed with Anmesty for Illegal Immigrations because they were sneaked USA for FREE and broke the laws and it is not fair to other who legal immigration who paid to enter to became US citizen and learn English
and not right to Illegal got free and not pay one cent. They MUST pay TAXES and pently fine and also to pay to became Legal. We have ENOUGH with toooo many Illegal immigrations and put WALL and time to deport them back their countries and they have to fix their countries to improve theier goverment. Because we paid Taxes for welfare or Ill. Imm. mothers who anchor babies for free and who purposed to come USA for free Welfare and food stamps and HUD and medicine.
Not fair.  Enough is enough to deport now!

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