Miami News Blog

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

There is NO SUCH WORD AS 'ILLEGAL IMMIGRANT" in Blacks Law Dictionary, or In Merriam Websters Dictionary. Get Educated .

"Gov. Arnold Schwarzenegger said Wednesday that the claim by some conservative activists that illegal immigration is to blame for all of the state's fiscal problems is ignorant and bigoted."

Arturo E. Ocampo of Tracy has been a practicing attorney since 1985, 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.

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

There is NO SUCH WORD AS 'ILLEGAL IMMIGRANT" in Blacks Law Dictionary, or In Merriam Websters Dictionary. Get Educated .

"Gov. Arnold Schwarzenegger said Wednesday that the claim by some conservative activists that illegal immigration is to blame for all of the state's fiscal problems is ignorant and bigoted."

Arturo E. Ocampo of Tracy has been a practicing attorney since 1985, 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.E-VERIFY OVERTIME CAN REDUCE THE 20-30 MILLION ILLEGAL IMMIGRANTS IN THE WORKPLACE BY "ATTRITION." WE DON'T NEED DEPORTATION ON A MASSIVE SCALE AS THEY WILL LEAVE ON THERE OWN. POLITICIANS CAN ADD AMENDMENTS TO THE 1986 IMMIGRATION BILL, INSTEAD OF THE TRAVESTY OF FORCING A NEW ONE ON THE FINANCIALLY HURTING AMERICAN PEOPLE?
Bloggers nationwide brought to the public attention the need to stop the infiltration of illegal immigrants in the workplace. Now the voice of --THE PEOPLE--are demanding sealing the borders tight and that every corrupt politician catering to corporate welfare--MUST GO, Starting with Sen.Harry Reid (D-NV) Special attention should be drawn to incorrigible governors, lawmakers, mayors judges and elected officials who have ordained policies of SANCTUARY STATES.

Hopefully E-Verify will become a nationwide vetting system to remove illegal workers from your office or from your factory? It has shown its efficiency, because the open border organizations have moved heaven and earth to smash it? Now it is firmly entrenched in every American workers mind, that it can save their jobs. Even Sen.Harry Reid, who tried to table E-Verify failed miserably and now, is funded for another 3 years. This gives reputable politicians time to make E-Verification mandatory as it’s been evaluated as a good immigration enforcement instrument and it could be introduced for other purposes. As a national legal people's identifier and combined with other data bases, it usages could be essential to recognize fraudulent drivers license, auto registration. Child support, health care and many other verifications of individual who think they are safe from government. But its main restrictions will to terminate foreign nationals appropriating US workers jobs.

In the future this data base could be established at airport terminals for departures and arrivals. It will be an ongoing fight against the opponents such as US chamber of Commerce, ACLU, Council of Foreign Relations, business organizations, agriculture and other groups. It is certain to be a bargaining chip in shoving through another Comprehensive Immigration Reform package, that will devastate America. An overflow of poor, uneducated humanity, looking for free health care will start pouring into our nation. Around the world rumors are already flying that if you slip across the sieve of a border, you can get work as low income and get all your taxes back by lying on the tax form. Tax credits for non-existent supported children is an industry, that costs the US taxpayer billions a year. If Napolitano thinks that --ALL--Democrats will accept another trillion dollar budget deficit, cause by a new BLANKET AMNESTY.

That bridge is still available in Brooklyn..? Very few Republicans will accept another AMNESTY? Not too much chance from Independents. Nor will legal immigrants or ethnic Americans who were born here, fought in four wars. Even people from South of the border are very reticent of allowing more people in, when there is 15 million unemployed. It means millions of low skilled workers would feel the crunch first, as already illegal immigrants who take their wages under the table, especially in Sanctuary States and undermine US labor?

I know quite a few Democrats who signed onto the Obama Presidency that will fight against any travesty called Comprehensive Immigration Reform? The one in 1986 was a complete disaster and unable to handle the sudden in surge of millions of more destitute people, thinking they were going to collect welfare? Our country is overrun with every conceivable crime, that includes murder, child and female violation, document fraud, transporting of illegal aliens, welfare fraud, house invasion, burglary, robbery, spousal abuse, gangs and other heinous activities The biggest scourge is drunken driving, which is killing and maiming citizens and residents on the highways and streets in rampant numbers. Go to THE DARK SIDE OF ILLEGAL IMMIGRATION site for statistics. The doors to America are wide open, but nobody in their right mind is going to accept the first surge of 2-3 million coming from the South when they hear Lady Napolitano proclaiming a new AMNESTY? Those who believe in America’s survival, without OVERPOPULATION as stated by the US Census bureau better read facts, not the lies at NUMBERSUSA. Those who want details of corruption in WASHINGTON and state government go to JUDICIAL WATCH. Overpopulation, traffic hell should go to CAPSWEB. Other sites of interest on Immigration enforcement is ALIPAC and AMERICAN PATROL. We the people have the ultimate power to throw out anti-sovereignty incumbent politicians. Call and command these do-nothings to--STOP--this facade at

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.
Posted On: Tuesday, Nov. 17 2009 @ 5:59PM

'There is NO SUCH WORD AS 'ILLEGAL IMMIGRANT" in Blacks Law Dictionary, or In Merriam Websters Dictionary.

Ummm, this is primarily because 'ILLEGAL IMMIGRANT' is not a word, it is a term. 'fuzzy panda' is not in either dictionary either, but both 'fuzzy' and 'panda' are.

Beyond this whether you practice law or not, your statement is ignorant, as 'illegal alien' is the de facto term of art used by the U.S. government.

"Gov. Arnold Schwarzenegger said Wednesday that the claim by some conservative activists that illegal immigration is to blame for all of the state's fiscal problems is ignorant and bigoted."

'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.'

Again, if you are in fact a practicing attorney you would know that I9 fraud is a federal (perjury), DMV fraud is a felony, Social Security fraud is a felony, and on, and on.

Beyond this, re-entering the country IS a crime. Violation of USC 18 1546 IS a crime.

I could go on but frankly your not worth the time, and your post is frankly boring.

If you are indeed a practicing attorney may I suggest some more practice.