Tools to I.D. Illegal Employment Coming Up. Chertoff Explains.

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WPCNR FOR THE RECORD. Conclusion of DHS Secretary Chertoff’s Remarks on State of Immigration and Enforcement of November 6. Part 4. November 15, 2007: In this conclusion of his address last week, Secretary of the Department of Homeland Security Michael Chertoff addresses the Social Security No-Match injunction now prohibiting temporarily checking of Social Security Numbers against No-Match Letters; the E-Verify System, and the new H-2A Visa initiative. He also notes that if American employers did not willingly employ illegal workers, there would not be an illegal immigration problem.


Worksite Enforcement


The third element of interior enforcement has to do with worksite enforcement. If you go back to fiscal year 2002, we had only 25 arrests and 485 administrative arrests for worksite enforcement. But in fiscal year 2006, which was the first full year after we inaugurated our new comprehensive strategy to secure the border, we had 716 criminal cases and over 3,600 administrative arrests. And this past fiscal year, we went up to 863 criminal cases, and over 4,000 administrative arrests.



That is a real increase in the size and the potency of the sanctions and the number of sanctions we’re bringing against people who are deliberately violating our laws against employing illegal aliens.


 In October of just this past year, last month, Richard Rosenbaum, the former president of a nationwide cleaning service, pled guilty to harboring illegal aliens and conspiring to defraud the United States. He will pay restitution to the United States in an amount expected to exceed $16 million. And he will also agree to forfeit bank accounts and currency totaling more than $1.1 million for knowingly hiring illegal aliens. Bottom line: The days of treating employers who violate these laws by giving them the equivalent of a corporate parking ticket — those days are gone. It’s now felonies, jail time, fines and forfeitures.



Giving employers the tools.


Now, I want to be clear: I don’t think most employers want to violate the law. I think the vast majority of employers really do want to comply with the law. But we’ve got to give them the tools to do the job and to make sure that they are in compliance. This is not all about sticks. There have got to be some carrots as well that help people do the right thing. And that means a couple of things: facilitating illegal immigration by finding ways to improve that process, and also facilitating the process of determining that you have a legal workforce by giving employers easy-to-use and accurate tools that will allow them to verify that when they hire someone, that person has a lawful right to work in the United States. 


Enhanced E-Verify 


One major element of our strategy is E-Verify. E-Verify, formerly known as Basic Pilot, is a web-based system administered by U.S. Citizenship and Immigration Services. It allows employers to electronically check whether a worker is authorized to work in our country. The basic version of this is to compare the name and the Social Security number to make sure they’re accurate and that they match. An enhanced version we’re currently putting online allows you to actually compare a picture of the person online, based on something we have in our federal files — and hopefully, eventually, pictures in driver’s license files — to compare that picture with the person who’s actually standing before you as the applicant. That would allow us to take E-Verify from simply a name-checking system to actually an identity-checking system.


 E-Verify’s popularity is growing. More than 24,000 companies were enrolled at the end of the fiscal year, but today that number is over 30,000. In terms of usage, more than 3.2 million new hires have been processed through E-Verify, and usage is growing by about 83 percent annually. Why? Because it’s an easy tool to use. In more than 90 percent of cases, you get a response within seconds that clears a person. And even when there are discrepancies, most of them can be resolved within a very short period of time.



We do obviously want to work to make sure that we are as close to a hundred percent accurate as possible. For that reason, we have a monitoring and compliance unit to make sure that employers are using the system properly. We also have increased our outreach to employers to make sure everybody understands how the system works, and to make sure nobody abuses the system to discriminate or unfairly target people within certain ethnic groups.


 Status of Social Security No-Match Data


Now there’s another tool we’d like to use to help employers identify when there’s a problem with their workforce. And that is the ability to use Social Security No-Match data. Earlier this year, we issued a regulation that would make clear to employers what they should do when they get a letter from the Social Security Administration that says to them there’s a discrepancy or a mismatch between a name and a Social Security number that you have filed on behalf of an employee.



Sometimes there’s an innocent explanation for that mismatch, which is that somebody has simply provided incorrect data to Social Security. In that case, of course it’s very much to the benefit of the employee to correct that innocent mistake so they don’t find themselves in 30 years expecting to get Social Security benefits that never arrive. 


But there are also times — and frankly, a lot of times — when that mismatch reflects the fact that the name and the number aren’t real, or they don’t match because someone is using a false name or a false number in order to work illegally. And in that circumstance, there isn’t simply a matter of cleaning up a discrepancy, but the employers should know the steps that they ought to take in order to make sure that they do not continue to hire or employ that illegal worker in their workforce.


What this regulation is designed to do is to create a very clear set of guidances and a clear safe harbor so employers know what to do when they get a No-Match letter, and then can take the appropriate steps either to correct a mistake, or to make sure that they discharge someone who is working illegally, based on the fact that they don’t have a legal work authorization. The simple point is this: You can’t simply stick your head in the sand.


 Temporary Injunction Prevents the Match Initiative.



Now, the bad news is this regulation is not in effect. It’s been suspended because it’s been blocked by a temporary injunction issued by a federal district court in California. That court responded to a lawsuit filed by a number of groups — advocacy groups as well as business groups — who were opposed to the idea of putting this No-Match regulation into effect. We’re currently seeing what we can do to address the concerns that the judge entered in order to see whether we can get the injunction lifted, and then go forward with this regulation, which, as I’ve said, is temporarily suspended.



But I do want to make it clear that litigation such as the effort to block the No-Match rule or the effort to block building fence, is precisely the reason why it’s been so difficult over the last 30 years to get control of the border. The problems that my predecessors had in dealing with illegal immigration, at least in part, were based on the fact that there were lots of hurdles that were put in place to prevent people from using some of the tools that we’re trying to use now in order to get control of the border.                                          


Employers Opposed. No “Silent Amnesty.”


 I know that some employers resist these rules because they’re concerned about the impact it’s going to have on their own workforce. When we got comments — at the time we put the No-Match regulation out for public comment, at least one business group was quite candid in saying that if this regulation went into effect, some businesses, which have workforces largely built on illegal workers, would be forced to discharge those workers.  


And I understand that enforcing the laws is now going to have an economic impact on some industries. That’s why we continue to urge Congress to address this by making sure that the law is reformed. But until Congress acts, we have the law that is on the books. And I and everybody else in my agency is sworn to uphold that law.



We are not going to have a silent amnesty. We’re not going to deal with the economic issues by closing our eyes to a law violation. We’re going to try to do the very best we can to improve the law in a way to make it easier to hire lawful workers. But at the end of the day, if people are hiring illegals, we’re going to do everything we can with the tools we have to make sure that we react strongly and aggressively and in a tough manner against that violation of the law.



As another example of our approach, in Illinois recently, the state legislature passed a law that effectively prohibits employers from using this E-Verify system I’ve just described — even if they want to do it voluntarily. We went to court. We are suing to get that rule overturned. 
 



My commitment is very simply this: I want to work to make sure we improve the law. We stand ready to work with Congress when Congress is ready to take up intelligent, sensible, comprehensive immigration reform. But while we have the laws on the books, we’re going to enforce them. We’re going to enforce them vigorously. We’re going to keep faith with the American people. And my commitment to the American people is this: I will fight every lawsuit, I will deal with every procedural roadblock, I will use every tool the law allows to continue to press forward in enforcing the laws. We will not give up. We will not lose our resolve. We will not lose our energy. We’re going to continue to work as hard as we can and overcome any roadblock that the law allows us to overcome to complete the job of getting control of the border, and to move forward on really turning the tide of this issue of illegal immigration, which is so much on the minds of the American people.


 Need More Legal Workers to Come to America


But a final critical piece of this is to deal with a very real economic need, which is currently being filled by illegals. And that means finding a way to make it easier to get legal workers to come into this country, particularly legal temporary workers, to meet the legitimate needs of our workforce and a growing economy.


 As I said earlier, the vast majority of people entering our country illegally are doing so to work. And let’s be honest — Americans are employing them. American companies are employing the illegals to do work because they can’t find Americans to do that work. So if we are going to need to bring workers in to fill a growing labor gap, we have to find a way to do it lawfully, a way that promotes rather than compromises our national security, and a way that gives us visibility to the people who come in.



Some of this will require enactments by Congress. But there are some things we can do in the regulatory process. No sector of the American economy is in more need of illegal flow of foreign workers than agriculture, where we have traditionally relied upon foreign workers to do a great deal of the seasonal agricultural work.


 H-2A VISA Program


One key program that has the potential to fill the need for seasonal agricultural workers is the H-2A visa program. That program, however, has not been used as widely as it can be, because it has been cumbersome, and it has been difficult, and it has therefore become unappealing to some employers. But working with the Department of Labor, DHS has completed a comprehensive review of the regulations implementing the H-2A program so that we can look for ways to improve the program, even as we continue to hope that Congress addresses the problem more comprehensively.




I’m therefore pleased to say that this week (last week) the Department of Labor and the Department of Homeland Security will send to the Office of Management and Budget a series of proposed regulations that will improve and remove some of the current limitations on U.S. employers’ ability to utilize the H-2A program. These sets of proposed rules will provide farmers with a more orderly and timely flow of legal workers, while continuing to protect the rights of laborers and promoting legal and secure methods for determining who is coming into the country. The proposed rules will also provide better ways to ensure the integrity of the program.



This kind of regulatory change is what I would call a win-win. It’s a win for the agricultural employers, by giving them an opportunity to take care of their business needs within the law rather than outside the law. It’s also good for people outside the country, who are really looking for nothing more than to do work that will put bread on the tables of their families back home. And if we can give them a legal way to get that work, many of them will choose to take that legal way as opposed to trying to sneak across the border, and at a minimum, violating the law, if not putting their life and limb in jeopardy.


 In addition to the regulation, which of course has to await OMB clearance, the Department of Labor is also issuing today a Guidance Letter to State Workforce Agencies that administer some elements of the H-2A program. Again, this Guidance Letter will help clarify the responsibility of the State Workforce Agencies with regard to this H-2A program, so that we can ensure consistent application of the program nationwide, which will also make it more efficient.



And for those of you who are not familiar with what these agencies do, State Workforce Agencies post an employer’s job vacancies in the state employment system, and they refer U.S. workers for jobs that need to be filled. And so they play an important role in regulating the flow of workers for, for example, job sectors like agriculture. 


The Guidance Letter that is going out from the Department of Labor will clarify a number of issues, including the following:



That employers whose operations cross state lines can file one consolidated job order that’ll be circulated in multiple states. That of course is more efficient for the employers; it streamlines and makes the process more attractive. 


That State Workforce Agencies will first direct applicants to unfilled positions before referring them to temporary jobs that have already begun. That will address the problem that sometimes arises when employers feel they’re caught in a revolving door, in which they hire someone to do a job at one point, and then someone else is referred and they have to fire the first employee.




And also the Guidance Letter will direct that the Department of Labor will not consider workers to be qualified or eligible to be referred for work unless a State Workforce Agency certifies that it has checked the legal status of the worker before referring a worker to an employer. This is designed to deal with the rather remarkable situation that sometimes occurs where you have a temporary worker on a job, a State Workforce Agency refers another worker, displacing the legal temporary worker, and then it turns out that the referred worker is an illegal worker who is in the country in violation of the law. The simple cure for that is to have the State Workforce Agency get on E-Verify and check the status of the referred worker before they send the worker in to displace a legal, temporary worker.


 Some of these seem like pretty simple, straightforward, common-sense things. That’s a good thing. We do like to promote common sense. And it’s a reflection of the President’s commitment and the administration’s commitment to do everything we can within the existing law to give employers a way to satisfy economic needs that complies with the law rather than violates the law.



Conclusion


The bottom line before I take questions is this: Immigration is a source of strength for this country. And this agency, as well as the other agencies of this administration, are committed to promoting and enhancing the opportunities for lawful immigration that is good for this country, that supports our economic needs, and that also constructs a process that gives us visibility and confidence that we know who is coming into the country. 


At the same time, illegal immigration poses not only a challenge to the rule of law, but at least in some cases a challenge to our security and our public safety. And there, we are committed to making continued progress, recognizing it’s not — Rome wasn’t built in a day, and we’re not going to turn this problem around in a day, but we’re committed to continuing to make substantial, measurable progress to strengthen the border and make sure that the law against illegal immigration is enforced.



In the end, I ask Congress to come back to the table and talk about a way we might resolve this problem comprehensively and in an enduring fashion, so that we can leave our children a legacy of a well-regulated border and a sound economy. In the meantime, my commitment is this: we will enforce the laws as they are on the books, we will not close our eyes to law-breaking, and we will continue to devote all of the energy of the Department of Homeland Security to overcoming any obstacles that prevent us from making sure that the rule of law remains our lodestar in the area of immigration.


 


 

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County Tax Proposal Up 4.7%. Spano Blames foster care needs; lagging sales tax

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WPCNR COUNTY CLARION-LEDGER. By John F. Bailey. November 16, 2007 UPDATED November 17, 2007 With Visuals: The County Executive, Andrew Spano, presented his preliminary 2008 budget this morning calling for a 4.7% tax increase, raising the county budget $24.4 million to $1.78 billion. The budget now goes to the county Board of Legislators for their input. George Oros, County Board Minority Leader told WPCNR the chances of cuts were “Nil,” and predicted cosmetic cuts of about 1% would most likely be made by the Board. He identified $20 Million in cuts he thought the county could execute. The County Executive also showed the county projections of sales tax  had fallen well short of projections in 2006 and not only in the present  budget year, 2007.



County Executive Andrew Spano Pitching His $1.8 Billion Budget.



The increase in taxes to the individual, Spano said would be about $70 if you’re paying a $10,000 property tax bill. According to the county news release,  the county share of a $10,000 property tax tab is $1,500. Mr. Spano noted this would vary depending on the taxpayer’s locality.


The County Executive blamed the increase in the state’s requirement for more detailed student incident reports in schools, which Mr. Spano said resulted in higher caseloads for county personnel because the county had to investigate them. This, he said required increasing  the number social service investigators to handle the cases, which often result in foster care.



The case load for County Child Protective Services increased by 886 cases since 2007; for Child Protective Services, 387, and Foster Care, 135 cases.   A total of $18 Million of the $24 Million increase was attributed to 22 new positions in the Department of Social Services to cover these new responsibilities, and 5 new positions in the County Attorney’s office for Family Court. There have been 1,000 incidents this year reported in the county,  Spano said. He noted that though the state covers increases in some areas, it covers only 70% of the foster care placements, necessitating another part of the increase. Mr. Spano said it was an expense the county had to  cover to provide for the children that needed the care.



Sales Tax Shortfall: Optimistic County Sales Tax Projections Do Not Materialize for 06 and 07.  County auditors overestimated sales tax revenue increase by 38% in 2006, and so far with three quarters of 2007 complete, overestimated by  40%.


The County Executive lamented that sales tax projections for 2007 had not met projections and could  not “offset” costs  of existing programs. Mr. Spano showed county projections being off the mark for 2007  $5 Million off, and 2006,  $8 Million off. . He reported that net sales tax revenues are budgeted at $371 Million for 2008, or just 1.6% over the 2007 adopted budget.  He blamed a slowing economy, and a loss of sales tax to internet sales (but ruled out seeking an internet sales tax).


A slide showed the county  projections of sales tax have shown a pattern of optimism on sales tax in 2006 as well.  WPCNR asked the County Executive if, in view of the projections the county made being below expectations, whether he would ask the state for an audit of Westchester Sales Tax Receipts, as opposed to what the county is receiving back (from the state),  to make sure Westchester is getting its fair share.


Mr. Spano said this was a very good question, saying “I can’t say that we will,” but said the process by which the state determines how much sales tax it sends back to the county, “is very sensitive”  and “clandestine.” He referred the question to Ms. Reasoner who explained that the county only had figures through October.



County Budget Director, Ann Reasoner, (whom WPCNR readers will remember as being the former White Plains Budget Director before leaving abruptly for unknown reasons in June 2006), explained that the sales tax projections are a work in progress reflecting figures in to date. She blamed lower car sales, lower spending by utilities, and a slowing of the economy. 


Asked directly  in the news conference whether he would pursue an audit or accounting of what went up to Albany and what sales tax came back, the County Executive indicated , “No.”


Oros Explains the Sales Tax Anomaly


Mr. Oros, in a telephone interview with WPCNR,  reacting to the sales tax shortfall, said the County Executive’s answer is simply to raise taxes, that his, on the other hand was to cut taxes.  Oros said he was surprised the County Executive would not pursue an audit of Westchester Sales Taxes with the stat, since the state has not given Westchester County a fair return before.


Oros remembered how the county was shortchanged in transportation aid a few years back and found that Westchester was underfunded compared to Nassau and Suffolk Counties and the county went out and proved it to the state by comparing transit performance between the county and Nassau and Suffolk Counties. He said it would not be too hard for the county to figure out how much it is owed in sales taxes based on the state formula.


The County Executive Says White Plains is Spiking.


Speaking to WPCNR, after the news conference, Mr. Spano said he did not think the state was shortchanging the county on returning fair share of sales tax. Asked to explain how White Plains has experienced five years of raising sales tax receipts while projecting sales tax on the money for each of those five years, Spano said  he was not familiar with White Plains budgeting and figures, but that White Plains was “spiking” in sales tax, thanks to increased development, that the county though as a whole was down. He also wondered why White Plains was not getting more sales tax from the development than it is.


City Hall Explains Its Sales Tax Acumen:


Paul Wood, City Executive Officer, back on the job in the Mayor’s office after fighting a viral infection the last month or so, said the secret to White Plains being on the money was not budgeting any more revenue from sales tax in a budget than the city had received in the previous budget year. This provision, Wood said, was in the city charter.


The city’s budget  (sales tax) projections have been on target each year WPCNR has covered White Plains. On occasion, the city has executed short-term sales of assets to meet the budget, rather than raise taxes the next year or use fund balance – but it has not been because of over optimism on the sales tax. Nonetheless the budget has been met.


Mr. Oros said the county budget projections were executed  by  the same firm that audits the City of White Plains. However, Melissa Lopez, spokesperson for the City of White Plains said the firm only audits White Plains, and that the City of White Plains does all of its own projections in-house.


Ryan defends County Prognosticators


William Ryan, Chair of the Westchester County Board of Legislators, disputed WPCNR’s impression that White Plains (sales tax) budgets were on the money each year, and appeared better projected than the county seems to be doing. Ryan said the projections the county makes rely on economic forecasts by major financial prognosticators. (He did not name the firm). He said WPCNR was wrong in suggesting the county was overly projecting, that I did not know what I was talking about. He challenged WPCNR “to show me the figures.”



 


For the last four years according to the City 2007-2008 budget, page VI-30, White Plains has exceeded its sales tax revenues received projection by 9-1/2% in 2003-2004; 8.57% in 2004-2005; 2.34% in 2005-2006 and in 2006-2007 had a $2 Million surplus, a 5% increase over projected sales tax.  It missed its sales tax target by 3% in 2002-2003 and by 3/4 of a percent in 2001-2002. Slightly more “on target” than the 40% miscalculations in the 2006 and 2007 county sales tax projections.


 


 


Oros Says Sales Tax Shortfalls are filled by sales tax surpluses from previous budget years


Oros blamed the county shortfall in sales tax projections on a policy the county has adopted of being optimistic on sales tax projections in order to save tax payers money and keep programs going without cutting them. He said that surpluses from previous years (based on the overprojection)  pay off any shortfall.  Oros said when sales tax projections are not met, Mr. Spano’s answer is to increase taxes the next year rather than cut spending.  “My answer is you cut the budget, ” Oros said. Oros said the county had to have a balanced budget every year.


Ms. Reasoner said  in the news conference, the county currently has about a $30 Million undesignated fund balance.



In other budget decisions, there will be a 25-cent increase in the bus fare to $1.75. This new fee will only pay 36% of the cost of operating the bus service.


There will be a 3 percent increase in funding to various contract agencies providing social services and health and cultural programs.


The budget increased funding for day care, dropping to 10% the required parental Co-Payment and increasing “subsidized day care slots” by 296.


The county is increasing funding for supervising the county elections process by $1.6 Million with purchasing of new election machines (awaiting a state decision on which machine to use) still to come  when Albany decides that issue.


Cost of commuter parking permits at the County Center is being increased an additional $120 a year


Golf fees are being increased by $1.


Asked by WPCNR whether the County Executive, since this budget was described as “preliminary,” if he expected to make more cuts and where, the County Executive said , “No, no cuts.” Asked if he felt this was the best the county could do, he said “Yes.”


The budget goes to the County Board of Legislators next with their decision on the budget due December 27.
 

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Police Warn WP Neighborhoods of Burglary Risk.

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WPCNR POLICE GAZETTE. November 15, 2007 UPDATED November 19, 2007: The White Plains Police Department has put city neighborhoods on alert after several burglaries have been reported. In an e-mail sent to the Council of Neighborhood Associations Presidents today, Lieutenant Kevin Christopher of the Police Central Business District Command warned the city of “several residential burglaries” having occurred.


Deputy Commissioner of Public Safety, Daniel Jackson informs WPCNR, “We have had several burglaries or attempts in the past few weeks in the Rosedale area. Hence, the increased attention and information to the neighborhood groups. We are asking anyone who has sees anything or anyone suspicious to call it in to us at 914-422-6111. Burglaries for the year are still down 28% over last year.”


Christopher writes: “if we can encourage our neighbors to use their alarms, outdoor lights, and make their homes look occupied we may be able to prevent further incidents. “


Lieutenant Christopher advised the Association heads relay the following burglary prevention steps (reprinted, if you click on the READ MORE invitation below)  to avoid being a target.


 


BURGLARY PREVENTION TIPS


 


The White Plains Department of Public Safety


would like to make the following recommendations.


 


Protect your home while you are out …



  • Always keep doors and windows locked – even for a five-minute trip to the store.

  • Use strong reliable locks such as deadbolts.

  • An easy and inexpensive way to secure your windows is to drill an angled hole through the top frame of the lower window partially into the frame of the upper window.  Then insert a nail or eyebolt. 

  • To improve security on sliding glass doors, you can install keyed locking devices or place a piece of wood or a metal bar in the track of the closed door to prevent the door from being opened.

  • Turn on lights and leave a radio or TV on so it looks like someone is home.

·        Use exterior lighting, especially motion sensor lights.


 


If you are going out of town for more than a day…



  • Call 422-6111 (Police Bureau) and request that your home be checked in your absence.

  • Get an automatic timer for your lights and consider leaving a radio on. Make it look like someone is home.

  • Make certain that you arrange to have the mail and newspaper delivery stopped or picked up by a trusted neighbor.

  • Arrange to have your lawn mowed while you are gone.

  • If you have an alarm, activate it.

  • Ask a neighbor to park in your driveway overnight.

.


If you see anything suspicious call the police immediately


911 FOR EMERGENCIES


422-6111 For non-emergencies


422-6256 for anonymous crime tips hotline (recorded)

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Wanted a Holiday Tree for White Plains

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WPCNR CITY HALL CIRCUIT. From Melissa Lopez, The Mayor’s Office. November 14, 2007: The City Of White Plains is looking for a Westchester resident to do donate a large evergreen tree for the holiday season that will be placed in the heart of Downtown White Plains. The family donating the tree will have the honor of throwing the switch and lighting the tree with Mayor Delfino on December 2nd. The donated tree will be removed free of charge by ‘Care of Trees’ and erected in Tibbits Park for the duration of the Holiday season.



The White Plains Holiday Tree Lighting December, 2004


`If you have a large evergreen tree on your property that you would like to donate it, please contact White Plains Recreation and Parks  422-1336.  If chosen, the tree will be removed at no cost and your family will be recognized for your contribution at the Tree Lighting on December 2 in Tibbits Park

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Spitzer Issues Challenge to Federal Gov on Immigration Woes: Fix It.

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WPCNR’S Eliot Spitzer’s Albany. By Governor Eliot Spitzer. November 14, 2007:As you know, over the last two months, I have been advancing a proposal that I believe would improve the safety and security of the people of New York by addressing the fact that New York is home to one million undocumented immigrants, many of whom are driving on our roads unlicensed. After serious deliberation and consultation with people I respect on all sides of this issue, I have concluded that New York State caznnot successfully address this problem on its own.


(More)






 

This morning I traveled to our nation’s capital to announce that I am withdrawing my proposal.

I chose to make this announcement in Washington, because ultimately, my original proposal was a response to the fact that the federal government has lost control of its borders, has allowed millions of undocumented immigrants to enter our country, and has no solution to deal with it.

When the federal government abdicates its responsibility, states, cities, towns and villages still have to deal with the practical reality of that failure.

Governors, Mayors and chiefs of police in every state face that reality every day in schools, hospitals, and on our roads. In New York, that reality means one million undocumented immigrants, many of whom are driving without a license and without insurance, live in the shadows — out of reach of law enforcement.


A consequence of the federal failure to address illegal immigration is that Americans and New Yorkers are demanding a comprehensive solution. Piecemeal reform, even if practical, is unacceptable. It fails to address the many important, competing interests and values.

I underestimated that sentiment in putting forward this proposal.

I continue to believe that my proposal would have improved an unsatisfactory situation. But I have listened to the legitimate concerns of the public and those who would be affected by my proposal, and have concluded that pushing forward unilaterally in the face of such strong opposition would be counterproductive.

Beyond the crisis of illegal immigration that I have tried to address in some small way, please allow me this brief observation about another crisis – the crisis of political discourse in this country that was on full display these past two months.

While people of good faith opposed my plan for fair reasons, some partisans unleashed a response that has become all too familiar in American politics. In New York, forces quickly mobilized to prey on the public’s worst fears by turning what we believe is a practical security measure into a referendum on immigration.

Political opponents equated minimum-wage, undocumented dishwashers with Osama Bin Laden. Newspaper headlines equated a drivers’ license for an undocumented migrant laborers with a “Passport to Terror” and a “License to Kill.” Based on the New Yorkers I speak to each and every day, I feel confident in saying that this rhetoric is wildly out of step with mainstream values — doing nothing to offer solutions and everything to exploit fear.

Nothing reflects the result of hyperpartisanship more than the current immigration debate, which has become so toxic that anytime a practical proposal is put forward, it is shot down before it can even be weighed on its merits.

The consequence of this fear-mongering is paralysis.

Here are the facts:

Tomorrow, undocumented workers will not stop driving.

The federal government is not going to deport one million undocumented workers from New York by the end of this year, any more than it did last year or the year before.

And we can be sure that those who beat their chests the loudest will still have no solution at all.

As attorney general, I often had to step into the enormous vacuum left by a federal government that did not embrace its most fundamental responsibilities. Whether it was ensuring fair play in the markets, protecting the environment, enforcing labor laws or product safety, time and again, the attorney general’s office was forced to step into the void left by federal inaction.

As governor, it has not been much different. Whether it’s health care, climate change, education or, in this case immigration, states are feeling the brunt of federal abdication and conscious neglect of a problem that is crying out for a solution.

But what I have learned here is that, while there are times when states should be laboratories, immigration is not one of them. It’s too complex and too macro a challenge to be solved by a patchwork of state policies. But the reality of 14 million undocumented immigrants nationwide and one million in New York isn’t going away. So my challenge to the federal government is this: fix it. Fix the problem so the states won’t face the local impact.

With that, I look forward to getting back to an agenda that addresses the needs of all New Yorkers.

 

 

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DHS Secretary Explains Ports of Entry Procedures, Illegal Employment Initiatives

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WPCNR FOR THE RECORD. News Conference & Speech of Department of Homeland Security Secretary Michael Chertoff, November 6 on State of Immigration Enforcement. Part 3 November 14, 2007: Mr. Chertoff’s remarks continue. In this segment of his year-end report he talks about Port of Entry enforcement, illegal employment investigations and what we and employers can expect in the near future.

Let me, before I turn to the issue of interior enforcement, talk about one other element of the border, which I think is kind of timely. Often we focus on the issue of illegal migration coming between the ports of entry, but it’s as important to make sure that we do have security at the ports of entry themselves, meaning that we check to make sure illegals or criminals or even terrorists are not sneaking through our ports of entry in plain sight.  


There was a recent GAO report on border security, entitled “Despite Progress, Weakness in Traveler Inspections Exist at our Nation’s Ports of Entry.” And GAO apparently said that without checking the identity, citizenship and admissibility of travelers, there’s a greater potential that dangerous people and inadmissable goods may enter the country and cause harm to American citizens and the economy.



That’s right — and that’s why over the last year we have steadily and deliberately increased the efforts we are taking at our ports of entry to require people to show some form of identification, to enter them into our database to make sure we’re checking whether we have negative information on them, to open up the trunks of the cars that come in, and generally to raise the level of security at our ports of entry.  


Ports of Entry I.D. Restrictions


That’s precisely why, come the end of January of next year, we’re going to drastically reduce the types of identification that can be presented at the ports of entry, requiring that people either produce a passport or a birth certificate and a driver’s license or other photo ID. That’s why we are moving forward, working in cooperation with states here in the United States and with the Department of State and with the Canadians north of the border to create a system of secure identification that later next year will implement the Western Hemisphere Travel Initiative.



All of these steps, which are precisely targeted to address the vulnerabilities that GAO talked about — based on its study of the border earlier this year — all of these steps are exactly the solution to the problem that GAO has raised.


 A Conumdrum



But you probably also noticed over the last year, there’s some complaining. People are complaining that they don’t like to have to wait if we look at more identification, or if we look at more car trunks, or if we take the time to enter in and key in names into our database. And I think in some ways this is kind of the fundamental dilemma of homeland security. On the one hand, people lightly expect that we will do what we need to do to make sure that, as GAO said, we avoid the potential that dangerous people and inadmissable goods enter the country. On the other side, there is a cost to doing that. There’s a financial cost, and certainly as we transition to new technologies under the Western Hemisphere Travel Initiative, there may be a bit of a cost of inconvenience.


 So people have to decide: Do they want to have the security, do they want to continue to plug the gap that GAO has identified, and recognize that there’ll be some cost to doing that? Or do we want to, you know, make sure that business isn’t hampered and people can move back and forth readily, and recognize that if we don’t put some barriers in place, we’re going to wind up with dangerous people coming into the country?



Our decision and, I think, the mandate of Congress, has been very clear: In a reasonable and efficient but nevertheless tough fashion, we have to raise the level of security at our ports of entry, we have to continue to plug the gap that GAO has identified, we have to try to do it as efficiently as possible, but we have to be clear that it is going to mean a change in the way of doing business at the border. It’s going to mean no more waving people through, based on a nod and a wink. It’s going to require people to show identification, sometimes making them open up their trunk, putting in the information in a database, and generally assuring the public at large that we have a better handle on who is coming into the United States.


Illegal Employment Initiatives


Now let me turn to the issue of interior enforcement, because as I said earlier, what brings people into the country is jobs, in the case of at least a vast majority. And therefore, when people are willing to hire illegals, that is working contrary to our policy of getting control of the border.



Worse yet, some proportion of the people who come in illegally don’t come in to do legitimate work; they come in to commit crimes. And our first priority should be to identify anybody who is in this country illegally that is a criminal or a gang member, arrest them, lock them up, and then kick them out when they serve their time.



So what have we done to pursue these objectives? Again, some dramatic increases in effort and results. In fiscal year 2007, as part of Operation Community Shield, we arrested over 3,500 gang members and their associates; 1,489 of these arrests included criminal charges. That means, since we began the program a couple years ago, we’ve had 7,600 arrests, and members of 700 different gangs have been removed from the streets because of Operation Community Shield.



ICE  in Action.


Over a three-month period this past summer, ICE arrested more than 1,300 violent street gang members and associates in 23 cities in 19 states. To give you two examples of the kinds of people we’re picking up, there was one individual, a member of the notorious MS-13 gang, who was arrested in Boston in August of this year. His rap sheet includes assault and battery with a dangerous weapon, breaking and entering, and larceny, among other charges. Another MS-13 gang member who we picked up over the summer has a criminal history, including armed assault with intent to murder, assault and battery, and breaking and entering. We don’t want to import these people to our country; we want to export them. We want to make them serve their jail time if they’ve committed a crime and we want to kick them out of the country. And that’s exactly what Operation Community Shield does.


 


Now, related to this effort, ICE has also very substantially increased its program to locate, arrest and remove fugitives from justice who have defied court orders to leave the United States. When people are arrested, and they go through the immigration removal process, and they appear before an immigration judge and they litigate their case, and then they lose their case, and the judge says, “You must leave,” and those people flee — what they are doing is not only remaining in the country illegally, they are defying a court order. That makes them a fugitive. In order to address the flagrant violation of law that is engaged in by people who defy orders to be removed, we have expanded the fugitive operations teams from 15 to 75, including adding 23 teams just in fiscal year 2007. This has reduced our case backlog on fugitives by more than 35,000 individuals this year.

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Spitzer Announces He’s Abandoning His License for Illegals Plan to the Times

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WPCNR ALBANY ROUNDS. November 14, 2007: Governor Eliot Spitzer announced to The New York Times in an interview Tuesday with Reporter Danny Hakim he is officially dropping his Drivers License for Illegals initiative he announced in September,  (without having cleared or discussed its design or implementation with the United States Department of Homeland Security).


Just ten days ago, after tailoring the program to fit guidelines handed down by the United States Department of Homeland Security, the Governor announced in a news conference with DHS Secretary, Michael Chertoff, that New York would offer drivers licenses to illegals with the classification “Not for U.S. Government Use,” which would not be valid for illegals to board planes or cross international borders between the U.S. and Canada, for example.


Now, the Governor is quoted in a Times story Tuesday evening, “I am not willing to fight to the bitter end on something that will not ultimately be implemented.”


The announcement of the end comes 72 hours after the Governor’s press office reported the license for illegals plan was still in play and would be implemented sometime next year.


Paul Larribee of the Governor’s Press Office tonight could not confirm to WPCNR the governor’s plans. He said the press office has not released a statement. Asked if the governor was going to  announce the withdrawal of the Licenses for Illegals plan Wednesday as The Times reported, Larribee said the Governor planned to be in Washington Wednesday.


The Governor is reported to have decided to continue to issue three types of licenses under Department of Homeland Security guidelines: the REAL ID compliant license; the Western Hemisphere Travel Initiative compliant license, and a regular New York Driver’s license as presently issued, but not make that license available to illegal aliens.


The Governor in the Times report blamed politicization of the issue. The report may be read at http://www.nytimes.com/2007/11/14/nyregion/14spitzer.html?_r=1&hp&oref=slogin

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Chertoff on Border Patrol Training, New Technology, Scorecard…

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WPCNR For the Record.  State of Immigration Speech and News Conference by Department of Homeland Security Secretary Michael Chertoff, November 6, 2007. Part 2, November 13, 2007: WPCNR continues the Secretary’s account of the future of Department of Homeland Security immigration enforcement we began yesterday. Herewith we continue the Secretary’s remarks on the training of Border Patrol Personnel, the technology improvements in immigration enforcement and the latest numbers on how effective the Border efforts have been.

Now I’ve talked about tactical infrastructure, but obviously that’s merely a tool that enables the Border Patrol to do their job, which is to intercept, apprehend and remove people who enter this country illegally, as well as to intercept the flow of illegal drugs and other contraband. And that means we’ve got to give the Border Patrol the kinds of resources necessary to do patrolling as we build infrastructure across the border.



That’s why the President in May of 2006 committed to doubling the number of Border Patrol agents as compared with the roughly 9,000 agents who were part of the Border Patrol force when President Bush took office in 2001. That means we committed to getting over 18,000 boots on the ground by the end of calendar year 2008.



So how are we doing? Well, when the President made the announcement in May of 2006, we had about 11,500 agents. By the end of this past fiscal year in October, we had almost 15,000 agents. In other words, we’ve added basically about 3,500 agents in the period of time since the President made that commitment. We are on track to exceeding 18,000 agents by the end of calendar year 2008, which will be the doubling the President committed to getting done. We’re also going to be requesting funds — again, we asked Congress to give us these funds — to get to the level of 20,000 agents by the end of fiscal year 2009, which of course will be after the President has left office.


 The question that sometimes comes up is: Are we compromising the standards for training the Border Patrol agents to move these accelerated numbers? And the answer is: No, we’re not. We’ve carefully studied and worked with the Border Patrol and the Federal Law Enforcement Training Center in Artesia to make sure that we can accommodate the increased flow without sacrificing the very important training that is necessary to equip the Border Patrol to do the job safely and effectively at the border. That includes physical training to handle the very challenging environment at the border, classroom instruction, language skills for those who need it, training in the use of force and the appropriate rules of engagement, defensive driving, and instruction in the law that governs the proper respect for civil rights.



I’m confident that we have not sacrificed any of the quality of training. But I’m not relying only upon what I’ve heard from the Commissioner of Customs and Border Protection or the Chief of the Border Patrol or the head of our Training Center. Here’s what the National Association of Former Border Patrol Officers had to say about the issue of training. They were initially skeptical about whether we could get the job of increased recruitment and deployment done without sacrificing training. But after going down to inspect the program in New Mexico, the statement that this National Association issued was as follows: “They are doing it, and they are doing it exceptionally well. There has been no degradation of training standards; to the contrary, they have improved substantially.” That is the view and the assessment of an independent group of former Border Patrol officers.



I also have to comment and thank — comment upon and thank the National Guard, which continues to support the Border Patrol under Operation Jump Start. It was the purpose of the National Guard to fill the gap as we increased recruiting. And of course, as we’ve gotten 3,500 additional agents into the Border Patrol, we have drawn down the National Guard from the original start-up number of 6,000 to the current number of 3,000. But the National Guard continues to assist with entry identification teams, fence construction, and serves as an important force multiplier to let our Border Patrol get the job done as effectively as possible.


Technology at the Border



The third element of our strategy is technology. We’re in the 21st century and we ought to be using 21st-century tools, which means more than just fencing and barriers. We have added new technology at the border as we speak: unmanned aerial systems and ground-based radar in mobile units enables us — and I’ve seen this with my own eyes — to have either aerial, video or ground-based radar connected into a Border Patrol agent who can map onto his grid exactly where migrants are coming in so that he can direct a Border Patrol team to intercept and apprehend those migrants, and to do it in a place that is most convenient and most effective for the Border Patrol.  


We’re going to continue to move forward with technology, and in particular we’re going to do so as part of an integrated project that we’re currently assessing and testing at what we call our P28 location in Arizona, right near Sasabe. When that system is fully accepted, the system will have integrated radar and cameras that will give a common operating picture over a 28-mile stretch to a Border Patrol agent who will be able then to use that information to direct the Border Patrol to conduct an efficient and safe interception.



Now we are being rigorous about the testing, which is currently underway. And I have said to the Chief of the Border Patrol, and I have said publicly, that we’re not going to actually accept and buy a system until we know what works, not just in the laboratory but in the frankly very tough environment of the border itself. But we’re making progress and we’re committed to using the results of this technology to continue to move forward with our efforts at the border.


The Numbers 


That of course brings up the most important question: Are the efforts we’re undertaking having an impact? So let’s look at some metrics. In fiscal year 2007, we saw a 22 percent reduction in apprehensions of illegal aliens at the Southern border as compared to the previous year. Even after adjusting for seasonal differences, we’re at the lowest point in the last five years. While this in and of itself is not conclusive proof of driving down the numbers of illegal migrants between the ports of entry, other factors support the view that we’re beginning to see a significant turn in the direction of migration.



We haven’t completed the job yet, but we’ve made a significant first step in reversing the tide of illegal migration between the ports of entry. For example, anecdotal information tells us that there are fewer people in traditional border staging areas. A recent Pew research report not only agreed with us that there have been declines in apprehensions, but noted that financial remittances from the United States to foreign countries have significantly declined, and that has been attributed at least in significant part to the fact that there are fewer people coming across the border to do work. In fact, The New York Times recently ran a piece suggesting that this decrease in remittances from Mexico was due to the impact of our enforcement efforts.



This is not a declaration of victory or suggestion that the job is done. It is, however, I think, a fair recognition that we have begun to make some progress and we’ve turned the tide. What it ought to do is it ought to encourage us to step up the tempo and step up the pace. And I’m committed to making sure we do just that.


 

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Clergy will Come to Mayor in a few days with proposal for Warming Centers – Via

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WPCNR THE HOMELESS NEWS. By John F. Bailey. November 13, 2007: With temperatures expected to go into the low 40s this evening, and still no Warming Shelters for the “undomiciled” in White Plains, those homeless persons who have spurned the County Department of Social services program, Reverend Carter Via told WPCNR he expected three churches to offer their buildings for Warming Shelters within 48 hours, then he would take those locations to the Mayor for approval as homeless shelters. He expected he would have a proposal by November 20 (the next council work session) or possibly earlier.


Via confirmed that the churches had to have county personnel and security to supervise the warming centers. He said if the other churches declined to provide shelters (as of yet no churches have said they would) Via said his church The Presbyterian Church would seriously consider running one on their own some way.


Here is my conversation with Reverend Via.



WPCNR: What is the present situation on a Warming Shelter opening?


Reverend Via: My most honest answer I don’t know. What I think is going on is a proposal is in the pipeline that would bring together at least one of the current providers, Grace Church Community Center and its resources with possibly three congregations in White Plains to offer a safety net shelter for homeless persons who aren’t currently in the system.


It’s a mess, it’s complicated, I don’t think anybody on the county or the city level really wants to own this thing. Both parties (county and the city) said they would allow something to happen if it was approved by or driven by the other party, so it’s almost as if what they agreed to allow something as long as the mess isn’t in their hands.


For us, in the religious community, not that other folks don’t have a conscience, cause I’m sure that they do. We simply feel that right now we’re on the edge of winter, and when we think of basic human needs like food and shelter, we don’t think those things should be  subject to this particular way of doing politics – even interpretations of what’s good for people, what motivates people. When it comes to basic human needs I don’t think that’s appropriate.


So this proposal is in the works, some version of this will be taken to the Mayor and possibly to folks on the county level in the next couple of days and we’ll see what happens.


I think legally, churches, religious institutions can do anything they want, but we really don’t want to go in that direction. I think if you’re going to make more friends than enemies, you want to do everything you can to collaborate with other stakeholders, even if it’s the politicians.


From a practical standpoint, the county has the funds to help us do this well. We’re not trained to run an overnight shelter. Ideally you’re going to have to keep everybody reasonably ok with this you’re going to have to have security, some caseworkers on hand.


At the end of the day, if all else failed we might very well consider a warming center. But that’s not our goal. We’re still cautiously hopeful we’ll get something nailed down soon, very soon, what is humane, has a cot and a  bathroom and keeps people from freezing.


WPCNR: Would this be private with the Mayor or a public work session?


Via: We’re not interested in doing anything in secret. We’re again we’re pushing this issue because we think it’s a matter of conscience. Whether they own property in White Plains or not, they consider White Plains to be where they live.


WPCNR: Have some of them traveled to New Rochelle, Yonkers, Peekskill, Mount Vernon where there are warming shelters?


Via: I do not know.  I’ve had lunch in the last week with a homeless person. He suggested there were still as many as 30 or 40 people sleeping in various nooks, crannies and corners, in park areas, wherever they think they can find a place that suits them for the night.


I had lunch with a detective on the White Plains Police force, and he did not put the numbers as high. He is aware that there are a number of folks sleeping in or around downtown White Plains.


They’re around. What are the real numbers, I don’t think anyone knows. These folks, that’s part of the issue at hand. It’s not like they disappear.


WPCNR: Would there be food served at such shelters?


Via: The way the hours are set up. My guess is there’d be some snacks. At the very least, something hot to drink. The hours are such, it’s a 10 to 6 AM thing. It doesn’t connect with a meal. At the absolute minimum, a cot and a bathroom then we’d build them now.


WPCNR: Have you gotten three locations to agree to host it?


Via: I would say there are three fairly influential clergy persons to say they would take this proposal to their churches. There’s no absolutely guarantee that any of these churches would say yes. Given who these three persons are, there’s a better than 50-50 chance in all three of these places.


WPCNR: When are they going to pop the question?


Via: It’s in the works, But I haven’t heard from any of them that it’s been officially approved. That should be happening even as we speak.


WPCNR: When do you think you’d meet with the Mayor…next Tuesday’s work session?


Via: We will be trying to get a meeting with the Mayor as soon as possible (after churchs’ approval). Most of this is a work in progress. I hope it’s a fast work in progress. We don’t have firm commitments from any angle. We don’t have approvals  from any of  these three churches, though all three are probably likely. And, we certainly don’t have anything official from the city or the county.


I hope all of that happens in the next week, if not in the next 4 days.  

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WBT to Dissappointed Theatre-Goers: Come on Up and See PHANTOM

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WPCNR STAGE DOOR. By Broadway Johnny. November 13, 2007: Westchester Broadway Theatre’s Piaa Haas reports the WBT’s Phantom is playing nightly at WBT and attracting showgoers whose shows have been cancelled by the stagehands strike affecting New York City shows. Ms. Haas is reporting “The Bells Are Ringing,” at the WBT box office for Phantom, (and you get dinner, too!) advising WPCNR:



Aaron Ramey, The Phantom, and Kate Rockwell as Christine, the lovers of WBT’s new Phantom.  The Phantom is ferrying Christine across the lagoon in Act II. The two performers bring out the best in each other. Photos by John Vecchiola, Courtesy, WBT


“We’ve been receiving many calls regarding the stagehands’ strike Westchester Broadway Theatre is not effected as we operate under a different contract. Not to be thwarted, would-be Broadway theatre goers have been making reservations at WBT,” Ms. Haas reports.  “Not a bad compromise, as our PHANTOM rivals the Andrew Lloyd Webber version and has even been deemed “better” and “fuller”by the critics. PHANTOM continues here at WBT to our audiences’ delight!


For a review of PHANTOM, go to WPCNR’s “take” at http://www.whiteplainscnr.com/article6095.html 

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