Florida Employment Law Blog : Florida Employment Lawyer & Attorney : Epstein Becker Green Law Firm : Immigration, Discrimination, Labor, FLSA : Serving Miami, Fort Lauderdale, Florida

DHS' Krome Detention Center in Miami launched a new program aimed to speed up immigration court proceedings immigrants facing deportation.

According to the South Florida Sun-Sentinel, Krome Detention Center has cut an average of 13 days off the time it takes to process deportation cases. An independent study of the center reveals that the Krome Detention Center presently processes cases in 27 days versus the 40 day processing averages of most immigrant detention centers nation wide.

This cut is significant, not only because detention time is reduced, but also because it saves millions of dollars. The cut has also an added benefit, it allows the court system to run more efficiently.

The new program includes orientation, which is intends to give detainees a better overview of their right and the legal process. Orientation includes providing information on available pro-bono lawyers and general information which will allow better pro-se representation. Orientation also provides detainees with information on whether they have legal standing to be in the US. The aim is to make it clear that it is best to have short court proceedings, which will save them legal fees.

“This program is extraordinarily important because there are people in the detained setting that are giving up their rights’ to stay in the country,” said Linda Osberg-Braun, president of the American Immigration Lawyers Association’s South Florida chapter.

Although this program is not new (it was originally launched in 2003 and currently available in 13 sites), the program now at the Krome Detention Center is considered by some, exceptionally successful.
 

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On November 7, 2008, the U.S. Department of Education launched U.S.A. Learns, a free Web site to help immigrants learn English. The Web site, which is located at www.USALearns.org, provides approximately 11 million adults who have low levels of English proficiency with easily accessible and free English language training. The launching of the site completes one of the goals in President Bush's Aug. 10, 2007, announcement of 26 immigration reforms that his Administration would pursue within existing law -- including the assimilation of new citizens and helping immigrants learn English to expand their opportunities in America. U.S.A. Learns offers the following features: An easily accessible Internet learning tool; simple directions; free instructional materials developed to teach basic English skills and help adults improve their English proficiency; and learning modules that can be used outside a traditional classroom.

Upon entering the site, users can choose directions in either English or Spanish and then pick which English level they need -- beginner or intermediate. Once in the modules, the instruction is almost exclusively in English. In the beginner course, 20 units are offered in such areas as numbers, the calendar, places to go, families, schools, clothes, money and shopping. For intermediate students, more challenging exercises can help them further their existing English reading and writing skills. The 2003 National Assessment of Adult Literacy documented that as many as 11 million adults in the U.S. are not literate in English. Currently, local and state providers have the ability to serve only approximately one million of those learners annually, prompting the need for a Web site of this kind to offer to adults seeking easily accessible English literacy training.

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The ACLU issued a press release regarding the ACLU Guide To Florida's "No Match" Voter ID Law, Tuesday, 30 September 2008, 4:24 pm.  I reproduce the press release in its entirety here below:
 

Questions & Answers about Florida's "No Match" Law
 

Q: What is the "no match" law?
A: The "no match" law prevents voter applicants from becoming registered to vote if the state cannot match their driver's license number, Florida identification number ("Florida ID"), or the last four digits of their Social Security number with a record in the Department of Highway Safety and Motor Vehicles or Social Security Administration databases. If a voter applicant's information cannot be "matched," the supervisor of elections must notify the applicant by mail that s/he must provide a copy of his or her ID by mail, fax, email, or in person to the supervisor before Election Day to become registered to vote and allowed to vote with a regular ballot. If a voter has a Florida driver's license (or a Florida non-driver ID card), she must provide a copy of the license (or non-driver Florida ID card). If a voter does not have one of these cards, and provided the last 4 digits of his/her Social Security number on his/her voter registration application, s/he must provide a copy of his/her Social Security card. If an unmatched applicant has not produced a copy of the relevant ID before Election Day, the applicant must vote by provisional ballot, which will not count unless s/he produces officials a copy of the relevant ID to the supervisor of elections by 5:00 p.m. on the Thursday after the Election.

Q: I am already a registered voter. Does the "no match" law affect me?
A: No. The "no match" law does not affect voters who were registered by September 8, 2008. The law applies only to new voter registration applications received on or after September 8, 2008.
 

Q: If I vote by provisional ballot because my number didn't match, will my vote count?
A: If you vote by provisional ballot because of a "no match," your ballot will count only if: (a) you cast it in your assigned precinct and (b) you provide a copy of your driver's license, Florida ID card, or Social Security card by Thursday, November 6, 2008, at 5:00 p.m. You can provide a copy of your ID to your supervisor of elections by fax, mail, email, or in person. If you have a driver's license or Florida ID card, you must send a copy of that card. If you do not have one of those cards, and wrote the last 4 digits of your Social Security number on your application, you must send a copy of your Social Security card. Other identification documents (like a passport) will not be accepted.
 

Q: I haven't yet registered to vote. What can I do to keep my registration from being rejected due to the "no match" law:
A: Take the following steps:
1. Register as soon as possible. The more time you have before Election Day to correct any "non-match," the better.
2. Complete all the required fields of your voter registration application carefully and accurately.
3. If you have a Florida driver's license number or Florida ID number, you must list it, rather than the last four digits of your social security number, on your registration application. There is lower risk of "no match" if you list your driver's license or Florida ID number, rather than the last four digits of your social security number. If you do not have a Florida driver's license or Florida ID card, you must list the last 4 digits of your social security number.
4. After you have submitted your voter registration application, contact your local supervisor of elections office to verify that you are registered to vote and carefully review your mail to see whether you have received a voter identification card (indicating that your registration application has been accepted) from your supervisor of elections. Keep checking until you know you have been added to the voter rolls.
5. If you receive a letter saying that your ID number could not be matched, immediately provide a copy of your ID to your local supervisor of elections. Taking this step before Election Day will help ensure that you will be permitted to vote with a regular ballot. You can bring a copy of your card to the supervisor of elections' office, or mail, fax, or e-mail it in. Follow up with your local supervisor of elections to be sure they received the copy of your ID and that you are registered to vote.
 

To find your local supervisor of elections visit: http://election.dos.state.fl.us/soe/supervisor_elections.shtml
 

Q: I'm registered to vote. Will the "no match" law prevent me from voting if the address on my driver's license is not the same as the address on my voter registration?
A: No. The address on your driver's license does not need to match the address you use to register to vote. If you have moved since you registered, you should update your address with your local supervisor of elections before Election Day. You can also do this when you appear at the polls on Election Day.
 

Q: What is the purpose of the "no match" law?
A: Supporters of the law now argue that it is necessary to prevent voter fraud; however, there is scant evidence of voter fraud in Florida. Florida's "no match" law is one of the most burdensome in the country. The law results in many "no matches" for African-Americans, Haitians, and Latinos with nontraditional or hyphenated names and, thus, disproportionately prevents these voter applicants from becoming registered to vote.
 

Q: Is this "no match" law new?
A: No. The Florida legislature enacted the original version of the no-match law in 2005. It went into effect in January 2006. The law prevented 13,000 voters from being registered on Election Day in 2006, and in 2007, it prevented 16,000 voter applicants from being added to the voter rolls. In September 2007, several organizations that conduct voter registration sued to challenge the law, arguing that it needlessly prevented eligible voters from registering to vote.
In December 2007, a federal trial court issued a preliminary ruling that blocked enforcement of the law. That ruling was overturned in a split decision by an appellate court in April 2008, and in June 2008, the trial court refused to issue another preliminary injunction to block enforcement of the law. The case is now proceeding on the merits. Notwithstanding the pending lawsuit, on September 8 - less than one month before the October 6 voter registration deadline - Secretary Browning announced his intention to enforce the no-match law.
 

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UPI reported today that immigration to the U.S. slowed down dramatically in 2007. The U.S. Census Bureau reported that only 511,000 foreign nationals entered the United States during 2007. Indeed this is a dramatic reduction from the 1.8 million reported in 2006. Further, an average of 1 million foreign nationals have been entering the U.S. every year since 2000. Commentators on this information have blamed the decline on the U.S. economic downturn and the government’s crackdown on illegal immigration.

Some interesting facts coming out of the 2007 census:

● From 2006 to 2007, the foreign-born population fell in 14 states, including New Jersey, New Mexico, Vermont and South Dakota.

● Atlanta, Las Vegas and Oakland, California were named among major cities who also experience a decline.

● The number of immigrants in the U.S. is now 38.1 million, the highest in U.S. history.

● About 12 million people, or 31 percent of all foreign-born, were born in Mexico.

● California (27.4 percent), New York (21.8), New Jersey (19.9), Nevada (19.4) and Florida (18.9) had the highest percentage of foreign-born.

● Of the 20 largest metropolitan statistical areas, Miami and Los Angeles had the highest percentage of foreign-born (37.0 percent and 34.9 percent, respectively). St. Louis had the lowest (4.0 percent).

● Foreign born immigrants in the U.S. made up 12.6 percent of the population in 2007.

● Some cities made moderate gains: Phoenix, Boston and Denver.

If prolonged, the decline in foreign nationals entering the U.S. will have a negative economic impact in Southern Florida. Miami, for example, is already experiencing a negative economic impact due to the decline in the number of foreign visitors.
 

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Although it was never enforced or put into practice, Florida still has on its books a law banning Asian immigrants from owning land. On November 2008, Florida voters will have an opportunity to remove our State's archaic “alien land law” of 1926. 

This law was originally enacted in response to a movement from West to East that begun with California enacting a similar law in 1913 on the basis that Asian workers, specially immigrants from Japan, would work for lower wages and be able to purchase large tracks of land. The Florida Constitution was amended allowing the legislature to regulate or prohibit, as saw fit, property ownership by aliens that were ineligible for citizenship.  In light of present federal laws which guarantee “equal protection” this type of law has no place anywhere in our country. Believe it or not, Florida is the last state in the union with such a law on its books.   Sen. Steve Geller, D-Cooper City, is credited as the responsible individual for persuading legislators to put this law on the ballot.

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