Twitter shines light on local immigration debate

"@Meckcommish: 'It's halloween time..... Be scared little Democrats....... Bill James is coming.....' "

Mecklenburg County Commissioner Bill James (right) tweeted that message in the midst of a controversial debate over whether the county should report illegal immigrants who seek public benefits for their U.S.-born children.

Commissioner Jennifer Roberts(left) questioned whether James was gloating. In response, James tweeted that he was just reflecting the commentary from the Democrats 'warning' the public about what may happen if Republicans took control of the board. Commissioner George Dunlap had suggested that if Republicans took over the board, the commission would have more people who supported James’ views and perspective.

It was just a taste of the back and forth that was occurring online at the same time of the emotional debate in the government center. When it comes to public meetings, the popular social media service,Twitter, has opened up an entirely new window giving us all another peek into the workings of our county government -- or at least the minds of some of our elected officials.

It's quite interesting to follow, but the one question is should elected officials be playing with their computers/smart phones at all during these meetings? Commissioners don’t typically make comments during public feedback. Should they be tweeting during them? What do you think?

James(@meckcommish) is the most prolific Twitter user among commissioners. (You will need to follow James in order to see his tweets.) He was criticized last night for focusing too much on his Twitter account instead of the conversation. But also Commissioner Jennifer Roberts(@CommishJennifer), who left the meeting early because of a sick child, Commissioner Karen Bentley(@BentleyCommish)(right) and Commissioner Neil Cooksey(@CommishNeil) weighed in online.

“You know, Twitter is great for providing a direct response without all of the back and forth,” James wrote during the meeting.

Here is a rough breakdown of a sample of tweets from last night’s twitterfest. There were simply too many to add all of them. I did my best to capture the conversation in order as it occurred. You can see the entire conversation by linking on the commissioners’ individual Twitter accounts.

(Observer Reporter) AprilBethea: #meckbocc moving up discussion of item 20 in whether county should report undocumented family members of those receiving DSS benefits
AprilBethea: James: action item about "reporting, not deporting," county has obligation to ensure, participate in national security of country
AprilBethea: James amends motion to send letter to dept of Homeland Security & obtain info on how we can privately report info we have to them.
AprilBethea: Cooksey seconded the motion
AprilBethea: Cogdell asks James for "civility in his comments." Came after James says he doesn't know if there are "Osama wannabes"
AprilBethea: James counters, calling out Cogdell for comments about James
Meckcommish: Are the Democrats soft on immigration?
Meckcommish: If individuals are illegal how can we not make sure that they are not terrorists.
Meckcommish: We are to 'comply' with the law by ignoring possible terrorists?
Meckcommish: Not sure where you got the idea that my ancestors were from the Mayflower. My ancestors were from Jamestowne.
Meckcommish: You know, Twitter is great for providing a direct response without all of the back and forth.
Meckcommish: "Change we believe in' - The premise that illegals are entitled to welfare & National Security takes a back seat to law breakers.
Meckcommish: # What illegal acts? Disclosing the NUMBER of illegals on welfare?
Meckcommish: Go Arizona !
CommishJennifer: Bill James wants NC to act like Arizona. So we can get sued by the Federal Govt too? RT @meckcommish: Go Arizona !
Meckcommish: Win or lose - the issue won't go away no matter the result tonight
Meckcommish: Timothy McVeigh?
Meckcommish: Everyone is upset about disclosure but none of them even care about the law.
Meckcommish: The only one that can put a child on the 'wrong path' are the illegal parents.
Meckcommish: parents would be deported with the anchor babies. Happens all the time.
Meckcommish: And the speakers are done. Now for the roasting !!
Meckcommish: I have a dream. That the US will be safe and not scared to enforce the law.
CommishJennifer: #meckbocc. Commissioner Murrey suggesting we add Comprehensive Immigration Reform to our federal legislative agenda. Good idea.
CommishNeil: I am puzzled by the assumption that the children of deported aliens would stay in the community.
Meckcommish: I have a dream. That the US will be safe and not scared to enforce the law.
Meckcommish: It's halloween time..... Be scared little Democrats....... Bill James is coming.....
Meckcommish: Illegal is illegal.
Meckcommish: Anchor Babies is offensive? Why?
Meckcommish: I think turning over the list to ICE would make the US safer
Meckcommish: I would have put it on regardless of the election. The timing was the disclosure of the numbers on welfare
CommishNeil: Cogdell: "Partisanship interferes with good government."
CommishJennifer: Is Bill gloating? RT @meckcommish: It's halloween time.... Be scared little Democrats....... Bill James is coming.....
Meckcommish: @CommishJennifer Not 'gloating' - just reflecting the commentary from D Commissioners 'warning' the public
BentleyCommish: We should not blindly follow federal law when we understand the devasting impact of illegal immigration on our local government.
AprilBethea: RT @MeckCounty: Board says no to Item #20 - asking feds to tell the County how it can report names of illegals who seek County services.

ICE says they'll evaluate, but adds immigration is a federal responsibility

Immigration officials say they're prioritizing their work by first focusing on dangerous criminal aliens who present the greatest risk to our communities.

U.S. Immigration officials were responding to Mecklenburg County Commissioner Bill James’ original proposal to have Mecklenburg County DSS alert immigration authorities when they’ve identified an illegal immigrant who has applied for public benefits for their U.S. born child. Doing so would violate a memorandum of understanding with Department of Homeland Security.

"ICE welcomes partnering with state and local law enforcement and will evaluate this proposed ordinance, but generally believes that enactment of immigration laws is a federal responsibility,” said Ivan Ortiz, a spokesman for ICE.

Last night, after a contentious debate, Mecklenburg County commissioners blocked a scaled-down version of the proposal to seek federal advice on how the county might report undocumented families of U.S.-born children who receive welfare benefits.
James faced dozens of passionate protesters who charged him with playing dirty politics. James said it was a matter of national security.

"We don't know if they're Osama wannabes," he said.

Mecklenburg official: DSS should flag illegal immigrants

Commissioner Bill James' proposal is aimed at families of U.S.-born kids who get public benefits.


From the paper:

By Franco Ordonez
fordonez@charlotteobserver.com

The fiery national debate over the cost of illegal immigrants and their U.S.-born children will land at the feet of Mecklenburg county commissioners Tuesday night when they discuss a proposal to report undocumented family members of U.S.-born children receiving public benefits.

Commissioner Bill James wants the Mecklenburg County Department of Social Services to "ignore state and federal regulations" and alert immigration officials and/or the sheriff's office when it suspects an illegal immigrant has applied for welfare or food stamps for their U.S.-born children.

"We're handing out benefits with a wink and a nod and using 'anchor babies' as cover," James said.

James said he wants to ensure that the illegal immigrants identified are not a national security threat.

Jennifer Roberts, the commissioners' chair, and fellow Democratic commissioner Dumont Clarke said Monday that James's proposal has little chance of passing.

Critics say his plan is against the law and would ultimately hurt U.S. children who rightfully deserve those public benefits. Jess George, executive director of the Latin American Coalition in Charlotte, called it "reprehensible."

"Bill James's words continue to be charged with this very anti-immigrant sentiment," she said. "Conflating immigrants with terrorists is not only erroneous and ill-informed, but it also perpetuates the language of hate that continues to be infused in the immigration dialogue."

Under the 14th Amendment, citizenship is automatically granted to children born in the United States. This summer, U.S. Sen. Lindsey Graham, R-S.C., joined several other Republicans when he proposed introducing a constitutional amendment to deny citizenship to children of illegal immigrants.

A recent study from the Pew Hispanic Center found the number of U.S. children with at least one undocumented parent went from 2.7 million in 2003 to 4 million in 2008. More than 70 percent of all children of illegal immigrants are U.S. citizens.

DSS says 5,635 families out of the 61,074 families receiving food stamps in Mecklenburg include at least one unauthorized immigrant. Public benefits to the children of suspected illegal immigrants made up $2.7 million, or 3.4 percent, of the $77 million in total payments to Mecklenburg residents in July, including welfare, food stamps and Medicaid.

DSS checks eligibility for welfare benefits with the help of a federal system known as SAVE. It can also identify an applicant's immigration status.

DSS Director Mary Wilson said the agency is prohibited from reporting an applicant's immigration status to federal authorities unless it knows of a formal order of deportation.

James's resolution would "require DSS to disclose to the Sheriff/ICE/Homeland Security the details of ANY individuals within their files who have been determined to be illegal under the SAVE program."

James said his move was spurred by an e-mail from a DSS staffer who reported that an illegal immigrant mother of a U.S.-born baby can receive 13 months of Medicaid coverage for their newborn and $200 a month in food stamps for the baby.

"We can't lose sight of the fact that these are U.S. children," Wilson said. "The fact that they're born to illegal immigrants is a separate issue. But we're providing benefits to U.S. children."

Sarah Preston, policy director for the ACLU of North Carolina, said if commissioners approve James's motion, they would be opening the county to the risk of expensive litigation.

Similar ordinances around the country, including one in Hazleton, Pa., have been declared unconstitutional and have cost their communities millions of dollars in legal fees, she said.

Roberts said she plans to vote against the measure. She said it's not a good use of taxpayer money in tight economic times to provoke a lawsuit when the county is following federal guidelines and protecting U.S. citizens.

James said the county should not be intimidated by the possibility of lawsuit.

"From my perspective, I'm very comfortable to go to court and have them explain that they know people are breaking the law yet don't submit them to homeland security."
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Commissioner's request for investigation of undocumented students denied

The Mecklenburg County attorney will not investigate whether the county is vulnerable to a lawsuit for subsidizing the education of illegal immigrants at Central Piedmont Community College unless directed by the full board of commissioners, County Manager Harry Jones said today.

That is not likely to happen.

And in response to a request from Commissioner Bill James, commission Chairwoman Jennifer Roberts stated in an e-mail that she did not plan to seek an opinion from the Department of Homeland Security on this issue.

“In addition, since out of state tuition is greater than the per pupil cost of educating students at CPCC, those few undocumented immigrants who might be able to afford it will be subsidizing the education of other students,” she wrote.

We reported last week that James wants illegal immigrants to pay an additional county fee to attend CPCC. He said he’s concerned the county may otherwise be vulnerable to lawsuit based on a federal statute that prohibits illegal immigrants from being eligible "for any State or local public benefit."

The county gave CPCC $41 million for operational and construction budgets. 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. The new policy won't take effect until next academic year, at the soonest, pending administrative review.

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.

James accused Roberts of “taking an ostrich approach of ‘don’t ask as we don’t want to know,’” but that he did not plan to force the issue by putting it on the commission agenda.

“I think this is not the best approach because it will create animosity and bring out folks on both sides, something that can’t accomplish much except ratchet up tension on an issue that already has way too much,” James wrote in an email.

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.