Tuesday Mid-Morning Reads: Immigration Reform, Aaron Swartz Prosecution, and Much MorePosted: January 29, 2013
Good Morning Everyone!!
The media talking heads are going on and on about the supposed “bi-partisan agreement” on Immigration reform. I’m not really clear on what policies have been “agreed” on, but frankly, I’ll believe it when I see it. TPM reports: Gang Of 8’s Path To Citizenship Is Still A Rocky Road.
While reformers are excited that a path to citizenship for illegal immigrants is the centerpiece of the Senate’s new bipartisan immigration deal, it’s still unclear just how accessible that path will be for the undocumented population.
Without the proper components, experts warn the Senate plan could be the beginning of a long process to bringing illegal immigrants fully into American society, one that could take not years but decades.
So what does the process involve?
Under the plan, undocumented immigrants would receive a probationary status if they pass a criminal background check, pay a fine, and pay any back taxes owed to the government. After that, they’d have to wait to apply for permanent residency – a prerequisite to citizenship – until after a series of border security measures go into effect.
None of the new border measures, which will be overseen by a commission of southwestern state officials and community leaders, appear too difficult to implement at first glance (although there are concerns as to how much power conservative state politicians would wield in the process). The big question is what comes next when 11 million newly legal immigrants apply for a green card.
According to the framework, these applicants will then be required to “go to the back of the line of prospective immigrants.” But for many of them, a clear line doesn’t actually exist at the moment. Individuals can apply for green cards through a number of categories, mostly based on having family already in the country or on their employment status, which experts say are inadequate to the task of absorbing so many immigrants at once.
Greg Sargent says that the assumption that conservative Southern governors will control the process because they will be the ones to certify that the border is secure is “not true.”
I’ve now got clarification from Senate staff working on the bill, and it turns out that the enforcement commission’s judgments will only be advisory, and are entirely nonbinding. Congress’ actions will not be dictated by what this commission concludes; neither will actions taken by the Department of Homeland Security. The citizenship process will be triggered by other means (more on this soon).
This is central to the debate. If this commission had the power to dictate when the citizenship process begins, it could endanger the entire enterprise by giving people like Jan Brewer veto power. Second, this enforcement commission is being seen as a major concession Republicans won in exchange for agreeing to grant citizenship to the 11 million.
So what did Republicans get in this deal then?
The concessions Republicans got in this deal — in exchange for agreeing to citizenship for 11 million — include beefed up border security, a new program designed to help employers verify their employees’ status, tougher checks on immigrants overstaying visas, and the need for undocumented immigrants to go to the end of the immigration line.
Meanwhile, President Obama will roll out his own, supposedly “more liberal” immigration reform plan beginning today in a speech in Las Vegas.
The Obama administration has developed its own proposals for immigration reform that are more liberal than a separate bipartisan effort in the Senate, including a quicker path to citizenship for illegal immigrants, people with knowledge of the proposals said.
President Obama is expected to provide some details of the White House plans during a Tuesday appearance in Las Vegas, where he will call for broad changes to the nation’s immigration laws. The speech will kick off a public push by the administration in support of the broadest overhaul of immigration law in nearly three decades.
Obama plans to praise the proposals laid out Monday by an eight-member Senate working group, saying they reflect the core tenets of the administration’s immigration blueprint developed in 2011, a senior administration official said.
But the president’s remarks also are likely to emphasize differences that could foreshadow roadblocks to passage in Congress at a time when both parties say there is momentum for a comprehensive deal.
Naturally, the wingnuts in the House will provide roadblocks galore for whatever plan the Senate approves. Read all about it at Politico.
Politico reported yesterday on a possible collaboration between the Tea Party and Democrats in Kentucky to dump Senate Minority Leader Mitch McConnell.
Big Democratic donors, local liberal activists and a left-leaning super PAC in Kentucky are telling tea partiers that they are poised to throw financial and organizational support behind a right-wing candidate should one try to defeat the powerful GOP leader in a 2014 primary fight.
The idea: Soften up McConnell and make him vulnerable in a general election in Kentucky, where Democrats still maintain a voter registration advantage. Or better yet, in their eyes: Watch Kentucky GOP primary voters nominate the 2014 version of Todd Akin or Richard Mourdock, weak candidates who may actually lose.
Interesting… Once again, I’ll believe it when I see it. Still, anything is possible. Plus McConnell is very unpopular in his home state according to the latest poll
With his re-election bid just a year away, those opposed to U.S. Sen. Mitch McConnell outnumber his supporters 2-1 among Kentucky voters, according to the latest Courier-Journal Bluegrass Poll.
In the poll of 609 registered voters, 34 percent said they plan to vote against McConnell — while just 17 percent say they will vote to give him six more years. Forty-four percent said they will wait to see who is running against him before deciding, and 6 percent said they are not sure.
The poll, conducted by SurveyUSA, has a margin of error of plus or minus 4.1 percentage points. It comes as groups on both McConnell’s right and left seek candidates to challenge him in the primary and general elections in 2014. McConnell, the most powerful Republican in the Senate as minority leader, is seeking his sixth term.
More information is coming out
about the over-the-top prosecution that probably contributed to the suicide of genius cyber-activist Aaron Swartz. Rolling Stone reports:
Swartz’s friends and family have said they believe he was driven to his death by a justice system that hounded him needlessly over an alleged crime with no real victims. “[He was] forced by the government to spend every fiber of his being on this damnable, senseless trial,” his partner Taren Stinebrickner-Kauffman said at the memorial, “with no guarantee that he could exonerate himself at the end of it.”
Two zealous federal prosecutors handled Swartz’s case: U.S. district attorney Carmen Ortiz and assistant attorney Stephen Heymann. In the days after his death, writers, tech experts, and many of Swartz’s friends have called out Heymann and Ortiz for prosecutorial overreach. A White House petition demanding the removal of Ortiz garnered well over 25,000 signatures, reaching the level which guarantees an eventual response from the Obama administration.
Some of Swartz’s advocates believe the prosecution sought excessive punishment to set an example in the age of Wikileaks and Anonymous.
Declan McCullough writes at CNet that when Swartz’s case was being prosecuted by the Middlesex County DA’s office, there was no thought of sending Swartz to prison for what was essential a minor, victimless crime.
State prosecutors who investigated the late Aaron Swartz had planned to let him off with a stern warning, but federal prosecutor Carmen Ortiz took over and chose to make an example of the Internet activist, according to a report in Massachusetts Lawyers Weekly.
Middlesex County’s district attorney had planned no jail time, “with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner,” the report (alternate link) said. “Tragedy intervened when Ortiz’s office took over the case to send ‘a message.'”
The report is likely to fuel an online campaign against Ortiz, who has been criticized for threatening the 26-year-old with decades in prison for allegedly downloading a large quantity of academic papers. An online petition asking President Obama to remove from office Ortiz — a politically ambitious prosecutor who was talked about as Massachusetts’ next governor as recently as last month.
Ortiz no longer has a political future, and other abuses of power by her office are now coming out. Read more at the link. I posted links to more damning information about Ortiz in a recent post.
The Massachusetts Lawyers’ Weekly post by Harvey Silverglate is behind a paywall, but it has been republished with permission at Media Nation.
The ill-considered prosecution leading to the suicide of computer prodigy Aaron Swartz is the most recent in a long line of abusive prosecutions coming out of the U.S. attorney’s office in Boston, representing a disastrous culture shift. It sadly reflects what’s happened to the federal criminal courts, not only in Massachusetts but across the country….
the palpable injustices flowing regularly out of the federal criminal courts have by and large escaped the critical scrutiny of the lawyers who are in the best position to say something. And judges tend not to recognize what to outsiders are serious flaws, because the system touts itself as the best and fairest in the world.
Since the mid-1980s, a proliferation of vague and overlapping federal criminal statutes has given federal prosecutors the ability to indict, and convict, virtually anyone unfortunate enough to come within their sights. And sentencing guidelines confer yet additional power on prosecutors, who have the discretion to pick and choose from statutes covering the same behavior.
This dangerous state of affairs has resulted in countless miscarriages of justice, many of which aren’t recognized as such until long after unfairly incarcerated defendants have served “boxcar-length” sentences.
Aaron Swartz was a victim of this system run amok. He was indicted under the Computer Fraud and Abuse Act, a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.
If you care about this issue, please go read the whole thing. Read Charles Pierce’s take on it here.
There have been some reports that Swartz had contacted Wikileaks’ Julian Assange and could possibly have been working with the organization, but it’s not clear what Swartz could have leaked to them. I can’t imagine Wikileaks being interested in distributing a bunch of academic journal articles that are already available to millions of people from numerous sources. Nevertheless, the Feds are so obsessed with Wikileaks and cyber-security generally that that could have led to their taking over Swartz’s case.
I have a number of other suggested reads that I’ll list link dump style.
Alex Pareene at Salon: 3 reasons to be skeptical that immigration reform will pass /
Irin Carmon at Salon: Is abortion about women?
USA Today: Iran says it launched a monkey into space (Video)
ABC News: Bigfoot: Is Mysterious Screech Sasquatch? (Hey, is Bigfoot really any weirder than the Tea Party Republicans? I don’t think so.)