Could N.C. be the toughest immigration state?

Five immigration enforcement bills gaining momentum in the N.C. General Assembly could, if passed, make the state one of the toughest places for illegal immigrants to reside.

One bill prevents foreign-born residents from using their home country’s IDs as legal identification. And another requires all businesses to check the legal status of new employees using a federal system called E-Verify.

The proposed measures would bring North Carolina in line with Arizona and Alabama, considered the states with the strongest immigration laws. 

Each of the N.C. bills have passed at least one house. If approved, they’d be sent to the governor’s desk for her signature.

Check the status of each bill:

House Bill 33 – Consular Documents Not Acceptable as ID
H36 – Employers/Gov. Contractors Must Use E-Verify
HB744 Safe Students Act

Senate Bill 205 – No Benefits For Illegal Aliens
S303 – Real ID Compliance/ Limited Duration Licenses

The apparent progress of the N.C. bills reflects similar efforts sweeping across the nation as some states seek to take more active roles in enforcing immigration restrictions. But immigration advocates, as well as President Obama, say the issue should be handled at the federal level. 

On Thursday, Alabama legislators appeared to take the title of toughest immigration enforcers from Arizona when the governor signed a new law, that among other things, makes it a crime to give an illegal immigrant a ride.

Most of the new immigration laws, whether those proposed in Alabama, North Carolina, or Georgia, are modeled after laws passed in Arizona last year.

More states could follow suit depending on the outcome of a Supreme Court decision on the most controversial aspects of the Arizona bill. The country’s highest court is expected to look closer at the Arizona law after a federal judge ruled some parts unconstitutional, including requiring police to check the immigration status of people detained if there is reason to believe he or she is in the country illegally.

Last month, the Supreme Court voted 5-3 to back another Arizona law that requires companies to check employee status that is similar to the E-Verify bill proposed in North Carolina.

File photo: Demonstrators supporting and opposing Arizona's Immigration policy (Annie Tritt/The New York Times)

ICE won't attend Mexican consulate event.

Immigration officials have been alerted to the Mexican consulate’s visit to Concord tomorrow to help its citizens apply for passports and IDs.

Ivan Ortiz, a spokesman for U.S. Immigration and Customs Enforcement, said the agency’s Homeland Security Investigations unit and the Office of Enforcement and Removal Operations were contacted. They will not however attend.

“ICE will not have a presence at the event,” he said.

Groups that support greater immigration enforcement plan to protest the mobile consulate event at Concord High School.

Protesters contacted Concord School Board and ICE. They requested that the agency register illegal immigrants.

Officials of the Mexican consulate said no U.S. documents will be provided. They said they will be providing Mexican passports and IDs that can be used only in Mexico. They said Mexican nationals are returning home and need proper Mexican passports and IDs to get back into the country.

Mexican consulate braces for CLT protest

The Mexican Consulate expects protests Saturday when it brings its mobile offices to the Charotte area. Members of the consulate's Raleigh staff will be at Concord High School Saturday morning to help Mexican citizens living in the Carolinas apply for Mexican passports and other forms of Mexican IDs.

NCFIRE has called for its supporters to protest the event.

James Johnson, President of NCFIRE, which advocates for greater immigration enforcement, said in an email that the event is designed for one purpose only -- to "document the undocumented." He says that people in the country legally already have the necessary legal documentation to be here, including passports, green cards, and student visas.

At least one protest supporter has emailed members of the Concord School Board in protest. He also said that he has contacted U.S. Immigration and Customs Enforcement.

Officials of the Mexican consulate said no U.S. documents will be provided. They said they will be providing Mexican passports and IDs that can be used only in Mexico. They said Mexican nationals are returning home and need proper Mexican passports and IDs to get back into the country.

Democrats pay for ad calling for Ariz.-style crackdown

When it comes to illegal immigration, N.C. Democrats often appear to side more with Republicans than their own party.

The N.C. Democratic Party is paying for a mailer in a state Senate race that calls for "bringing the Arizona immigration crackdown to North Carolina."

Our friends over at the News & Observer report that the mailer was sent on behalf of Senate candidate David Redwine of Shallotte (photo, left), who is in a hot campaign with Republican Bill Rabon of Southport for the seat held by retiring Sen. R.C. Soles.

The mailer reflects another example of how dicey the immigration issue is for Southern Democrats. While the views of urban Democrats are more in line with President Obama, rural Democrats must cater to a more conservative constituency that sees immigrants as competitors for jobs.

I reported last year that polls showed illegal immigration as one of the top concerns among N.C. voters. North Carolina has an estimated 250,000 illegal immigrants.

While U.S. Rep. Mel Watt, a Charlotte Democrat, said at the time that he supports working toward a comprehensive bill that puts undocumented immigrants on a path toward legalization, other Carolinas Democrats in Congress hold positions more like Republicans.

U.S. Sen. Kay Hagan, a Greensboro Democrat, says she supports comprehensive reform, but has also said she "strongly opposes amnesty" and called illegal immigration "a threat to our nation's security and economy."

U.S. Rep Heath Shuler introduced a bill last year that would require employers to enter a federal program, known as E-Verify, that checks if workers are in the country legally.

U.S. Rep Kissell, whose 8th District includes parts of Mecklenburg, Cabarrus and Union counties, joined Shuler when he introduced his E-Verify bill. He said last year that people he speaks with repeatedly question " 'What part of illegal don't we understand?' "

Andrew Whalen, executive director of the state Democratic Party, said the crackdown mailing reflected the views of Redwine, not the party, according to the News & Observer.

"I think the mail piece specifically is a plank in David Redwine's platform on which he is running for the Senate," Whalen said. "There are many viewpoints and many different candidates in the Democratic Party."

The mailer features a photograph of Redwine, a former state House leader, outside a prison talking with a prison guard. The headline reads: "David Redwine wants to throw the book at CEOs who just won't quit hiring illegal immigrants."

In the mailer, Redwine calls for new fines on corporations that knowingly hire illegal immigrants and jail time for CEOs who are repeat offenders.

Flow of illegal immigrants in N.C. falling

A new study finds that the number of illegal immigrants in North Carolina has dropped more than 100,000 people since 2006.

The Pew Hispanic Center reports that about 250,000 illegal immigrants live in North Carolina. That's a significant drop from the 390,000 illegal immigrants the Pew Hispanic Center estimated to be living in the state in 2006.

The state numbers reflect a nationwide trend that show the number of illegal immigrants has dropped 8 percent to 11.1 million.

The new estimates by the Pew Hispanic Center reports that the decrease represents the first significant reversal in the growth of the illegal immigrant population over the past two decades.

The center's analysis also found that the most marked decline in the population of unauthorized immigrants has been among those who come from Latin American countries other than Mexico. From 2007 to 2009, the size of this group from the Caribbean, Central America and South America decreased 22%.

Other major findings of the report include:
• Unauthorized immigrants accounted for 28% of the nation’s foreign-born population in 2009, a decline from 31% in 2007.
• Mexico accounted for 60% of unauthorized immigrants in 2009, or 6.7 million people. Other Latin American nations accounted for 20% of the total, or 2.2 million people. South and East Asia accounted for 11% of the total, or 1.2 million people.
• In 2009, 59% of unauthorized immigrants resided in California, Texas, Florida, New York, Illinois and New Jersey. However, the share living in those states has declined from 80% in 1990, as unauthorized immigrants have dispersed to new settlement areas.
• Nearly half of unauthorized immigrants living in the country in 2009—47%, or 5.2 million people—arrived in 2000 or later.
• The number of male unauthorized immigrants peaked in 2007 at 6.3 million and declined to 5.8 million in 2009. The number of female unauthorized immigrants, 4.2 million in 2009, is roughly the same as it was in 2007.
• The number of children who are unauthorized, 1.1 million in 2009, declined slightly over the decade. By contrast, the population of U.S.-born children with at least one unauthorized parent nearly doubled from 2000 to 2009, when they numbered 4 million.
• There were 7.8 million unauthorized immigrants in the labor force in 2009, or 5.1% of the total. The size of the unauthorized labor force peaked in 2007 and declined in both 2008 and 2009. There were 7 million unauthorized immigrants employed in March 2009.
• States with the largest shares of immigrants in the labor force are Nevada (9.4%), California (9.3%), Texas (8.7%) and New Jersey (8.7%).
• The unemployment rate for unauthorized immigrants of all ages in March 2009 was higher than that of U.S.-born workers or legal immigrants—10.4%, 9.2% and 9.1%, respectively.

NC faith leaders meet on immigration

State clergy will meet in Charlotte tomorrow to discuss the theological and practical sides of the immigration debate.

Seeking to encourage constructive dialogue, clergy members are expected to discuss the controversial Arizona immigration law and how they relate with local enforcement efforts such as Mecklenburg County’s 287g program.

Chris Liu-Beers with the NC Council of Churches, which is sponsoring the event, says faith communities are at their best when they address controversial issues head-on in a thoughtful and respectful way.

“Congregations are on the front lines of the immigration debate – offering English courses, meals, job training, and pastoral care to people facing very challenging situations,” he said.

“From Hostility to Hospitality: Immigration and People of Faith” is part of a statewide clergy breakfast series on immigration.

The breakfast will take place Thursday morning, June 3, at Myers Park Baptist Church on Queens Road from 8:30-10:00am. Speakers include Rev. Steve Shoemaker of Myers Park Baptist Church and Lori Fernald Khamala with American Friends Service Committee.

“As people of faith, we are united in the belief that every person is a child of God and that we are called to offer hospitality to our neighbors,” Liu-Beers said.

Lawmakers propose English-only drivers' tests

Critics say the bill unfairly targets immigrants and refugees.

The new bill introduced Wednesday would require those taking a drivers test to speak or read and write English.

Republican State Representative Harold Brubaker of Randolph, who introduced the bill with Rep. Julia Howard of Iredell, says the bill will make the roads safer and save taxpayers’ money.

"If you speak Chinese or Russian and can't read our signs and can't speak English, it's an absolute safety issue, and I think that needs to be addressed," Brubaker told WRAL-TV. "People getting driver's licenses in North Carolina should be able to speak English."

The Division of Motor Vehicles currently offers the written driver's tests in 10 languages: English, Spanish, French, German, Russian, Arabic, Chinese, Japanese, Korean and Vietnamese.

Opponents say the legislation would hurt legal residents, political refugees, foreign exchange students, and even U.S. citizens who have limited English skills.

In 2006, the N.C. legislature voted to make it impossible for illegal immigrants to renew their driver's licenses.

The bill is similar to ones being considered in states such as Georgia and Tennessee. In Alabama, Republican gubernatorial candidate Tim James said if he is elected he will order state driver license exams be given in English only.

One of James’ campaign ads states: "This is Alabama. We speak English. If you want to live here, learn it."

STATES OFFERING TEST ONLY IN ENGLISH:
* Arizona
* Hawaii
* Kansas
* Maine
* New Hampshire
* Oklahoma
* South Dakota
* Utah
* Wyoming

Source: ProEnglish.org

Eight N.C. counties join federal deportation program

The Union County sheriff's office, along with seven other N.C. county law enforcement agencies, have joined the newest federal program that identifies illegal immigrants in the jails.

Secure Communities is a fingerprint-based immigration screening program that gives local law enforcement access to FBI and immigration databases simultaneously. If an inmate is found to be in the country illegally, immigration officials are automatically alerted.

“Fingerprints don’t lie,” said Barbara Gonzalez, spokeswoman for U.S. Immigration and Customs Enforcement. “If their fingerprints are in the system showing they’re illegally in the country, and they say they’re legal, we know they’re lying. We’ve caught people saying that.”

The program is already operating in 21 N.C. counties, including Mecklenburg, Gaston, Cabarrus and Catawba. More than 104 illegal immigrants have been deported from Mecklenburg County using Secure Communities since the county implemented the program in October 2009, according to ICE.

Secure Communities has been introduced in the midst of controversy over civil liberties issue surroundings its predecessor, 287(g), which gives local law enforcement officers the ability to place illegal immigrants into deportation proceedings.

In Mecklenburg County, more than 8,000 illegal immigrants have been placed into deportation proceedings using the 287(g) program.

Supporters say the program is a valuable tool to protect the community and helps identify the criminal histories of people here illegally.

Critics however say 287(g) targets minor offenders. A UNC Chapel Hill report released last month, found that nearly a third of immigrants flagged for deportation from N.C. jails were arrested on traffic violations.

Latino advocates have described Secure Communities as 287(g)’s little brother. They say the federal government’s continued reliance on local agencies for immigration enforcement shows the need for comprehensive immigration reform.

Gonzalez said Secure Communities prioritizes those arrested on serious offenses, such as murder, rape, and kidnapping. She did not say minor offenders would be released.

In addition to Union County, Secure Communities was recently launched in Brunswick, Columbus, Dare, Halifax, Jackson, Lee and Transylvania counties.

Photo: Catawba County deputy Brian Helms operates fingerprint-based immigration screening program designed to nab illegal immigrants. JEFF WILLHELM - jwillhelm@charlotteobserver.com

The "quote, unquote" immigration debate in 2009.

It's been quite a year for the immigration debate. Here are just a few quotes culled from some of the biggest stories of 2009 that we covered in This Land. Thanks for making it a successful first year for the blog.

Happy New Year!


"It’s pro-family, pro-jobs and pro-security. And the time to pass it into law is right now. " Rep. Luis Gutierrez (D -IL) introducing his 600 page bill on Dec. 15 to reform the nation's immigration laws.

"He's not the devil, but he is certainly a man who is right now not making it easy to understand why he's making the public-policy choices that he is." -- Former CNN host Lou Dobbs talking about President Obama to Fox’s Bill O’Reilly on Nov. 17 after leaving the cable news network.

“In the middle of one of the worst recessions in American history, our N.C. Community College Board decides to help illegal immigrants enroll in college when our state unemployment rate is 11 percent.” - Ron Woodard, director of NC Listen. In a Nov. 30 email regarding voters in a Civitas Institute competition selecting a bill that would allow illegal immigrants to enroll in N.C. community colleges as the year’s worst bill.

"You go to work every day and if you make a mistake, you got a colonoscopy coming from the command staff." -- Senior Cpl. Glenn White of president of the Dallas Police Association, in October after 20 Dallas police officers wrongly gave $204 traffic tickets to some drivers who didn’t speak English.

"He's out having a taco." -- ESPN announcer Bob Griese on Oct. 24 in response to a query from a fellow announcer asking where is Juan Pablo Montoya. Griese received a one-game suspension for the comment.

“It’s all politics.” - Sheriff Joe Arpaio speaking to the press on Oct. 6 after the federal government stripped his office of its authority to patrol for illegal immigrants.

"You lie!" - U.S. Rep. Joe Wilson shouted to President Obama during his address before a joint session of Congress on Sept. 9.

“I can tell you that within our organization there are real racists." Roy Beck of NumbersUSA, which advocates for greater immigration restrictions, in a July 10 meeting with advocates in favor and against immigration reform.

"There are extremes in our coalition who really are for open borders; who really are for emptying the jails. And you know we get tagged with them. They get wrapped around our neck the same way the hate crimes get wrapped around Roy’s neck." -- Douglas Rivlin formerly of the National Immigration Forum in a July 10 meeting with advocates in favor and against immigration reform.

"At the end of the day, if we're going to achieve legalization of a major share of the undocumented, we realize there will have to be some give and take over worker verification. We're not against it necessarily if all of the other pieces of immigration reform fall into place." -- Mike Garcia, president of the Service Employees International Union Local 1877 in Los Angeles.

"I was just trying to save lives. We're not asking permission from the United States to save people's lives. We never have, because we know they'd say no." -- Walt Staton, 27, a volunteer with the humanitarian group No More Deaths who was convicted of littering on federal land because he left jugs of water for illegal immigrants walking through the desert.

"It’s not an ethnic thing. If you look at how people in East Charlotte live. They eat in these restaurants. We're known for the restaurants. The community is supporting the restaurants. We’re trying to market the restaurants. So for the whole community to be labeled as not accepting of Latino people and diversity it is a slap in the face." - Ed Garber, chairman of the Eastside Political Action Committee, who says allegations are off base that the clampdown on the taco trucks operating on Central Avenue is a form of ethnic discrimination.

"The idea was great if we had the money. It was basically an add-on. But if the funding is not there, it's not there." - Sen. Larry Martin, a Pickens County Republican on a planned hotline to accept complaints about illegal immigrants not being set up in South Carolina.

We can't continue with a broken immigration system. It's not good for anybody. It's not good for American workers. It's dangerous for Mexican would- be workers who are trying to cross a dangerous border. It is putting a strain on border communities, who often times have a deal with a host of undocumented workers. And it keeps those undocumented workers in the shadows, which means they can be exploited at the same time as they're depressing U.S. wages. - President Barack Obama in a White House press conference about his first 100 days in office.

Big meeting today on admitting undocumented students

A public hearing is being held this morning on admitting illegal immigrants to N.C. community colleges.

After two years of controversy, the community colleges board in September approved a policy to admit illegal immigrants – if they pay out-of-state tuition rates, have graduated from an American high school, and don’t displace students in the country legally. The public hearing is part of a required administrative review process before the policy is put in place.

Groups for and against the policy change have been organizing by phone, email, and the Internet to ensure they have a strong showing at the Raleigh hearing.

Those opposed to the move say the debate is not over. Consider:

“With 11% unemployment, shouldn’t our North Carolina Community College System focus our limited state resources on training/educating unemployed citizens for jobs? If we allow illegal immigrants to attend state Community Colleges at any of the over 50 campuses across NC, won’t we be helping illegal immigrants take jobs that should be reserved for only legal residents?” – NC Listen

Those in favor of admitting illegal immigrants say every student deserves an opportunity to further their education. They say:

“We have demanded access to higher education for all of our students, and we must now demonstrate that we support this step in the right direction that the State Board of Community Colleges has taken. We must have enough speakers lined up to speak in favor of an open door policy, especially because we know that our opposition will also be lined up to speak against this proposal.” - Adelante Education Coalition

Photo: DANA ROMANOFF, Observer Photographer

Enforcement advocate drops Dobbs

A N.C. immigration enforcement group has withdrawn its support for Lou Dobbs and suspended its website calling on Dobbs to run for President. Americans for Legal Immigration PAC announced yesterday they're responding to membership angered over Dobb’s about-face on immigration issues.

Once one of the staunchest anti-illegal immigration advocates, the former CNN anchor angered supporters when he told Spanish-language network Telemundo that he now supports a plan to legalize millions of undocumented workers. He long called these programs an unfair "amnesty."

Dobbs is reportedly considering a run for Senate or possibly even President. He seemed to be trying to change his image as an enemy of Latino immigrants by re-positioning himself as a champion of one of their main causes. Both sides of the debate doubted his sincerity.

"While Mr. Dobbs claims his positions have not changed, however, that is not the perception of many of our mutual supporters," said William Gheen of ALIPAC, which opposes giving illegal immigrants a path to citizenship. "His recent comments on Telemundo and his national radio show supporting some kind of path to citizenship for illegal immigrants is inconsistent with positions of ALIPAC and the views of most American citizens."

ALIPAC officials say they circulated the video of the entire Lou Dobbs interview on Telemundo to over 30,000 national supporters. Gheen said internal polling showed that over 70 percent of the group’s supporters were upset with Dobbs's comments in support of legalizing illegal immigrants. ALIPAC opposes any path to citizenship form of Amnesty for illegal aliens

ALIPAC created the Loudobbsforpresident.org website. The group says it was the first national organization to call on Dobbs to run for President. Gheen was invited on Dobbs show to speak about the effort.

"We've received so many demands from prior Dobbs supporters to remove their pledges of support that we have to suspend all operations on the Dobbs fan sites," said Gheen. "Lou Dobbs has deeply offended his base of supporters and ALIPAC is going to remain loyal to those Americans who support our existing immigration laws instead of Amnesty disguised as reform."

Salvation Army stops checking SS# for toy drive

The Salvation Army of Houston will no longer require Social Security numbers from those seeking gifts, according to the Houston Chronicle.

"It was never our intention to offend anyone with our registration requirement to provide a Social Security number, or to give the impression that we were discriminating against those individuals and families who do not have a Social Security number," Major Chris Flanagan, Area Commander for The Salvation Army Greater Houston Area Command, said in a statement.

The paper reported earlier this week that some Houston charities were asking whether children are in the country legally before giving them toys.

The Salvation Army and Outreach Program Inc., which distributes toys collected by the Houston Fire Department, require documents that indicate immigration status — birth certificates, Social Security numbers or other paperwork — to register for their holiday charity programs. Generally, Social Security numbers are only available to those legally residing in the United States.

Both charities have said that although they have asked for such for paperwork, they never intended to discriminate against people based on their immigration status.

Jim Price of the Salvation Army of Greater Charlotte said that while the local chapter must check if residents actually live here in the community, the agency does not check immigration status.

Photo: skippyjon

'Bad bill of the year'

Voters selected a bill that would allow illegal immigrants to enroll in N.C. community colleges as the year’s worst bill.

The Civitas Institute, a Raleigh-based conservative think tank, hosted the NCAA march madness-style competition. The tournament began with 32 bills that Civitas staff had written about and nominated throughout 2009 as a “Bad Bill of the Week.” More than 10,000 votes were cast throughout the tournament, according to the institute.

State Senate Bill 848 defeated a public financing of municipal campaigns bill by a vote of 63-37. Neither of the two bills passed.

“The voters have spoken and declared SB 848 as this year’s worst bill of the year,” said Francis De Luca, executive director of the Civitas Institute. “SB 848 was able to defeat some really bad pieces of legislation on its way to the title, so it truly earned its victory.”

The bill was introduced in the midst of controversy over whether the state Board of Community Colleges should admit illegal immigrants to the state's 58 community colleges.

In September, the board approved a policy that would admit illegal immigrants provided they pay out-of-state tuition. The policy is expected to be implemented sometime in 2010.

NC Listen, which advocates for stronger immigration enforcement, is lobbying to prevent the policy change from being enacted.

“In the middle of one of the worst recessions in American history, our N.C. Community College Board decides to help illegal immigrants enroll in college when our state unemployment rate is 11 percent and citizens need help with retraining and education” said Ron Woodard, director of NC Listen.

Supporters of the policy say it will only impact a small amount of people and won't take away seats from U.S. citizens.

Commissioner: undocumented students need to pay county

Commissioner Bill James wants illegal immigrants to pay a county fee to attend Central Piedmont Community College. Otherwise, he says, the county may be vulnerable to a lawsuit for subsidizing the education of illegal immigrants at the state's largest community college.

He has sent a request to lawyers for the county and CPCC asking how they legally justify spending $41 million of county money (for operational and construction budgets) at a college that expects to admit illegal immigrants once a new policy is implemented.

This is kind of complicated. So stick with me.

Last month, the State Board of Community Colleges approved a new policy that will allow illegal immigrants to attend any of North Carolina's 58 community colleges, provided they graduate from a U.S. high school, pay the higher out-of-state tuition, and do not displace legal residents from classes.

James cites a federal statute that prohibits illegal immigrants from being eligible "for any State or local public benefit." The statute was the basis of an attorney general recommendation in May 2008 to stop enrolling illegal immigrants, which the community college system did. The attorney general’s office later reversed its opinion.

James argues the state gets around the “public benefits” liability question because illegal immigrants will be required to pay ‘out-of-state’ tuition, which exceeds the cost to the state and therefore is not a subsidy.

But, James says, unlike the state, the county doesn’t require repayment via tuition. He says unless CPCC charges illegal immigrants for that subsidy the county would be breaking the law.
“The county receives nothing from students, so anything we give to CPCC to subsidize ‘post-secondary education’ that benefits illegals is illegal,” he said.

In response to James concerns, Q. Shanté Martin, general counsel for N.C. Community College System responded in emails that, after further reviewing the laws, the Department of Homeland Security and the Attorney General found ‘that admitting illegal immigrants into public postsecondary institutions is not a violation of federal law.’

The attorney added:

"For a legal analysis specifically addressing any potential legal liability local counties may incur as a result of providing funding to colleges that admit illegal immigrants, the Mecklenburg County Board of Commissioners may want to seek a legal analysis from the Department of Homeland Security since the federal government is responsible for providing an authoritative interpretation of federal law."

James said he does not want to cut support to CPCC, but wants the school to track undocumented students and require them to pay a fee to reimburse CPCC and the county for the local subsidy.

The decision to admit undocumented students is not expected to cause an enrollment rush. Before last year, when many campuses admitted students regardless of immigration status, about 110 of the state’s 800,000-plus community college students were in the country illegally. CPCC says it had 19 undocumented students. Catawba Valley Community College in Hickory had fewer than five. Rowan-Cabarrus Community College had one.

State board: Admit undocumented students

Read what the college board had to say today.

The State Board of Community Colleges approved a new admissions policy that would allow illegal immigrants to attend North Carolina community colleges. The board voted 16 to 1 in favor of the new policy.

To be admitted illegal immigrants must meet the following requirements:

1. Must be a graduate of a U.S. high school
2. Must pay out-of-state tuition, totaling $4,400 per academic year.
3. May not displace a North Carolina or U.S. resident from a class or program

Click here to read what the college board had to say.

Community colleges to admit illegal immigrants?

Conservative groups are planning protests of Thursday's state community college board meeting where members are expected to discuss whether to let illegal immigrants attend their schools.

Leaders are expected to vote Friday on a new policy that would admit undocumented immigrants and require them to pay out-of-state tuition rates. The policy also stipulates that U.S. residents would be given priority for admission when classrooms are full.

During last year’s election campaign, the board stopped a longtime practice of allowing illegal immigrants to enroll at its 58 campuses at out-of-state tuition rates. It did so on the advice from the attorney general's office. The office later reversed its opinion, but the board decided to halt any additional action until it could review its policy.

The review, conducted by the consulting firm JBL Associates, concluded there would be no public subsidy of undocumented students who pay out-of-state rates. The report found that illegal immigrants paying out-of-state rates would pay an average of $1,680 more than the costs to the taxpayer of providing the educational opportunity.

Supporters say community colleges were created to give an education to anyone who wanted to learn and that these students, many brought to the country as young children, shouldn't be punished for their parents actions.

William Gheen, head of Americans for Legal Immigration PAC, said several groups who believe illegal immigrants should not be allowed in public colleges are planning a protest at the Raleigh meeting.

"Since people will not be allowed to speak at this meeting, we are protesting outside," Gheen said. "Important decisions like these should be left to state and federal elected officials, not appointed bureaucrats. This board voting to allow illegal aliens access to our community colleges is against the wishes of a vast majority of NC citizens and is depriving us all of a voice and representation."

Photo: Charlotte students Laura, born in Mexico and Ed, born in El Salvador, were crushed when they found out last year that CPCC and other N.C. community colleges would no longer accept undocumented immigrants. DANA ROMANOFF - dromanoff@charlotteobserver.com

California could gain 9 House seats because of illegal immigrants

North Carolina could lose a seat if illegal immigrants are not counted. Is all this right?

Critics of the Census’s practice not to ask about residency status say “no.”

John Baker, a constitutional law professor at Louisiana State University, and Elliott Stonecipher, a Louisiana pollster and demographic analyst, charge that the census has drifted from its constitutional roots and that the 2010 Census count will result in a unfair redistribution of Congress.

Since 1790(except following the census of 1920), the Census has been used to determine the apportionment of members of the U.S. House of Representatives among the states.

Baker and Stonecipher write in a recent Op-Ed for the Wall Street Journal that California could get nine House seats “it doesn’t deserve” because illegal immigrants will be counted in the 2010 Census.

They charge that several states, such as Iowa, Louisiana, and Michigan, will likely lose one seat in the 2010 reapportionment because of this.

For a story on illegal immigrants threatening to boycott the Census, we reported in May that North Carolina could lose its coveted 14th seat in the House of Representatives.

North Carolina and Utah battled after the 2000 Census when in 2002 after North Carolina won the last available U.S. House district seat over Utah. Critics said North Carolina won the seat because of the state’s growing illegal immigrant population.

Nine states in all, including South Carolina, could gain a seat based on population gains, according to a recent study by Election Data Services, a political consulting firm.

Photo: The threatened boycott of the upcoming Census by illegal immigrants is a frequent topic for Charlotte radio host Jorge Medina. T.ORTEGA GAINES – ogaines@charlotteobserver.com

The cost of illegal immigration to North Carolina

Whether the roughly 350,000 illegal immigrants in North Carolina are a benefit or burden to our state is a complicated question. I'm asked that quite a bit and there is no straight answer. There is a lot of conflicting information out there. And that's not surprising when assessing a community that does its best to remain under the radar.

One of the latest studies, by the Federation for American Immigration Reform, says illegal immigrants costs the state $1.3 billion annually. Meanwhile, a 2006 study by the UNC Chapel Hill's Kenan Institute says N.C. Latinos – of which half are undocumented -- contribute $9.2 billion to the N.C. economy.

So which one is right? I’m not going to pretend to know. They draw totally different conclusions, but both raise points worth a closer look. I'd recommend checking out the studies yourself, but here are some of the highlights. Since the FAIR study is more recent, I’ll start with it.

FAIR's study

-- $975 million annually spent on educating the children of illegal immigrants, based on an estimate of 49,800 school-age, illegal immigrants and 69,800 U.S.-born children of illegal immigrants. Researchers estimated per pupil costs of $8,150 per year for public K-12 schooling.
-- $209 million-plus in health care costs. FAIR says North Carolinians who have medical insurance also pay higher medical insurance bills to help cover the costs of those without insurance.
-- $49 million a year for incarcerating deportable illegal immigrants at state and local prisons. FAIR says the figure does not include short-term detention costs, related law enforcement and judicial expenditures.

FAIR, which advocates for stricter immigration enforcement, says its findings demonstrate the extent to which illegal immigration has become a nationwide phenomenon and a burden on American taxpayers in every region of the country.

Read the full FAIR report here.

UNC Chapel Hill Kenan Institute study.
-- $61 million spent by taxpayers to pay for schools, health care and prisons to accommodate the rapidly growing Latino population.
-- $1 billion saved in labor costs had Latinos not been around to build an estimated 27,000 houses in the state in 2004. UNC researches said as much as $10 billion in construction wouldn't have been completed.
-- $9 billion contributed to the state's economy by the Latino community via its purchases, taxes and labor.
UNC researchers, which conducted the study on behalf of the N.C. Bankers Association, concluded that Latinos “contribute immensely” more to the state's economy than they cost taxpayers. Researchers concluded North Carolina needed the low-wage labor Latinos provide to compete in a global economy.

Read the full Kenan Institute study here.

Photo: stopnlook

Sotomayor: Appeals court where "policy is made"

Questions about a statement the high court nominee made at a Duke forum may be the first test she needs to overcome before getting confirmed.

Thanks to our friends at the News & Observer for this tip.

Critics say this statement she made at 2005 forum while explaining the difference between district and appeals court justices shows she'll be a judge who legislates from the bench.

“All of the legal defense funds out there, they're looking for people with Court of Appeals experience. Because it is – Court of Appeals is where policy is made,” she said. “And I know, and I know, that this is on tape, and I should never say that. Because we don't ‘make law,' I know.”

The audience laughed.

“OK, I know. I know. I'm not promoting it, and I'm not advocating it. I'm, you know,” she said to more laughter.

“Having said that, the Court of Appeals is where, before the Supreme Court makes the final decision, the law is percolating. It's interpretation, it's application.”

She is not without her defenders. The former Duke University law professor, who moderated the forum, has already dismissed criticisms over the remark.

“Judge Sotomayor's comment was innocuous and true,” Erwin Chemerinsky, now dean of the University of California-Irvine law school, wrote in an e-mail to The (Raleigh) News & Observer.

“Appellate judges and Supreme Court justices must make choices about the law that include consideration of policy issues. Every first-year law student knows this. I am amazed that anyone is making anything of this comment.”

In a blog post for the New Republic, Chemerinsky writes Sotomayor would be “terrific for the Supreme Court and the future of constitutional law.”

“As a woman, a Latina, a person who has faced a lifelong serious illness (diabetes), and a person who grew up in modest circumstances, Sotomayor brings experiences that are unrepresented or largely absent from the current court. These certainly will influence her rulings and they also may help in the most important task for a Democratic appointee on the current court: persuading Justice Anthony Kennedy, the key swing justice on almost every closely divided issue. Sotomayor's background, as well as her intellect and experience, make her ideally suited for this role.”

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