Civil rights groups claim a new Indiana law set to take effect July 1 gives police sweeping arrest powers against immigrants who haven't committed any crime. The state attorney general's office argues such fears are exaggerated and based on misunderstanding of the law.
U.S. District Judge Jane Magnus-Stinson is set to hear arguments from both sides Monday as she considers a lawsuit filed by the American Civil Liberties Union of Indiana and the National Immigration Law Center, which are seeking a preliminary injunction to stop the law from taking effect next month.
The groups aren't fighting all provisions of the wide-ranging law, which also takes away certain tax credits from employers who hire illegal immigrants. The main bone of contention is arrest powers.
The new law allows police to arrest immigrants under certain conditions, including if they face a removal order issued by an immigration court. The lawsuit filed last month, however, says some of the conditions are too broad, can apply widely to thousands of immigrants and violate the constitutional requirement of probable cause.
For example, the civil rights groups contend the law's wording would allow the arrest of anyone who has had a notice of action filed by immigration authorities, a formal paperwork step that affects virtually anyone applying to be in the U.S. for any reason.
"The statute authorizes Indiana police to arrest persons despite the fact that there is no probable cause that such persons have committed crimes," the groups argued in a brief filed this month.
The Indiana law also makes it illegal for immigrants to present ID cards issued by foreign consulates as proof of identification anywhere in the state outside of the consulate, such as for buying alcohol or applying for a bank account.
The lawsuit claims the state is trying to step into immigration issues that clearly are the province of the federal government. The suit, which seeks class-action status, was filed on behalf of two Mexicans and one Nigerian who live in the Indianapolis area.
ACLU attorney Ken Falk said Thursday that four countries - Mexico, Colombia, Brazil, El Salvador and Guatemala - plan to file briefs in the case. The move would not be unusual, Mexico and 10 other countries recently joined civil rights groups' legal fight against a tough new immigration law in Georgia and there have been similar filings in other states.
State attorneys argue claims about the law are speculative and based on an "irrational" and "absurd" interpretation. They note Indiana's law doesn't go as far as the Arizona measure, struck down on appeal, that included provisions to compel police to check the citizenship status of anyone who they had "reasonable suspicion" to believe is in the country illegally.
"Indiana's statute merely gives Indiana officers the discretion to assist federal enforcement of immigration laws. Indiana's statute does not purport to give Indiana any ability to participate in federal removal or deportation proceedings, nor does it allow Indiana to pass judgment concerning the removability of an individual," the state said in its brief filed Wednesday.
In a response filed Friday, the ACLU dismissed state arguments that the law would be used only in cases where people otherwise faced arrest, repeating its claim that the statute authorized arrest for offenses that aren't crimes in violation of the Fourth Amendment and impinged on federal immigration authority.
"Immigration is not a state concern," the brief flatly stated.
State immigration enforcement laws have not recently fared well in federal courts.
Arizona passed its law in 2010, but parts of were put on hold by a district court judge before it went into effect. That ruling was upheld in April by a three-judge panel of the 9th Circuit Court of Appeals, and last month Gov. Jan Brewer said she plans to appeal the rulings to the U.S. Supreme Court.
Last month, a Utah law giving police the authority to arrest anyone who cannot prove their citizenship was put on hold by a federal judge 14 hours after it went into effect. The next hearing is there scheduled in July.
Faced with waning revenue coupled with concerns over state funding, Decatur's United Way has set some new priorities.
The United Way earlier this month decided to eliminate two of its programs - First Call for Help and AFL-CIO Community Services. While both programs are important, the agency's executive director, Denise Smith, said those services were not meeting the greatest community need. The agency also concluded that its AFL-CIO Community Services program saw too narrow a focus through union workers and their families.
Smith said 90-percent of comments from the public supported those changes.
"As state funding and federal funding continues to dwindle, you know, United Way's importance is very strong in the community," Smith said. "So we hope to continue making it a better place for all of us to live, work, and play."
Before this month, Smith said the United Way had no full-time staff devoted solely to its campaign. Over the next five years, the agency will seek the help of a resource development professional, a grant writer, and an endowment director.
The last two positions will not rely on additional resources since the grant writer will be self supporting, and the endowment professional will be funded from the United Way's current endowment.
(Reported by Dan Petrella and Jay Lee of CU-CitizenAccess)
Champaign County's immigration-service agencies may have to bear some of the burden for the state's burgeoning debt - and they aren't happy about it.
With the state's deficit projected to hit $15 billion by the end of the year, Gov. Pat Quinn proposed large-scale budget cuts for the next two fiscal years, and last week the state Legislature approved a 2012 budget that makes even deeper cuts. This includes drastic cuts to funding for grants to agencies that assist immigrants and refugees.
"These cuts are more than just substantial - they're devastating," said Deborah Hlavna, the director of the East Central Illinois Refugee Mutual Assistance Center, 302 S. Birch St., Urbana.
And on top of the cuts to services for immigrants and refugees, the 2012 budget, which awaits the governor's signature, would cut overall funding for the Department of Human Services by nearly $670 million, about 17 percent of its total budget.
"The ripple effect will be enormous," Hlavna said before the Legislature passed its budget. "We're all waiting nervously to see what's going to happen, but it's not looking too good right now."
The final impact of the budget cuts remains unclear. Senate Democrats attempted to restore some of the money for human services by adding it to a bill to fund capital improvement projects. But the House did not vote on the measure before the spring legislative session adjourned. Quinn has suggested he may call lawmakers back to vote on the package during the summer.
The governor originally recommended cutting funds for immigrants and refugees when he presented his budget plan to lawmakers in February.
His proposed budget for the 2012 fiscal year, which begins July 1, would have seen a $1.7 billion increase overall from this year despite widespread cuts at several areas, including human services, education, public safety and health care coverage. But the budget legislators approved calls for spending $2 billion less than the he proposed.
"These proposed cuts are a horrendous mistake," Joshua Hoyt, director of the Illinois Coalition for Immigrant and Refugee Rights, said, referring to Quinn's proposed cuts to immigration services. "We're not happy, to say the least."
Hoyt said that the coalition predicts that at least 15 agencies that serve immigrants will have to close if the proposed cut in funding takes effect. The Asian and Latino communities in Illinois will be hurt the most, he said.
In Champaign County, the Latino population has more than doubled in the last decade, while the Asian population has grown by 55 percent, according to 2010 census data.
This reflects a growing trend in the entire state. The Asian community in Illinois grew by 38 percent in the last 10 years, and the Latino population increased by 33 percent.
The refugee center's Hlavna said that agencies in central Illinois will feel the impact the most because of limited fundraising capabilities in the midst of a growing immigrant community.
"We're lucky in that we only rely partially on state funding," she said. "That won't be true for a lot of others in the area."
Immigration advocacy groups and agencies like Hoyt's have voiced their displeasure over the cuts, pointing to how immigration services make up slightly more than 1 percent of the state's budget.
"We should be giving more funding to help immigrants and refugees, not less," Hoyt said. "This is an issue that isn't going away, and is going - and this cut in funding would be a mistake."
Esther Wong, executive director of the Illinois-based Chinese American Service League, said she has seen immigration agencies face funding problems ever since she began working with Chinese-American communities in Illinois in 1978 - but nothing like what Quinn proposed.
"We have not faced any drastic cuts like this ever before," Wong said. "I didn't believe it at first."
The Latino Partnership of Champaign County will also receive less state funding with the proposed cuts, but David Adcock, the group's treasurer, said he had mixed reactions to Quinn's proposal.
"I can't say I was surprised because I knew everything was going to be on the table. Something needs to be done with the state's financial situation," Adcock said. "Did I think the cuts would be so drastic? No. But it is what it is."
The cuts in funding for immigration and refugee services would lessen financial support for grant-receiving agencies such as the refugee center, but the wider cuts to the Illinois Department of Human Services would compound the pain.
"The weakening of the (Department of Human Services) will hurt the most for all the smaller groups in Illinois," Hlavna said. "We work alongside them all the time and when we can't meet our clients' needs, we will direct them and go with them to the DHS."
The refugee center has adapted to the state's history of slow payments, but the cuts to the Department of Humans Services throws the agency a new curveball, she said.
"We've been waiting on our check for a long time," Hlavna said with a laugh. "We've been smart enough not to depend on their money. But we need their help and their services."
Sarah Baumer, an administrator at the Department of Human Services' Champaign County office, declined to comment on the looming budget cuts, but conceded that they will curb the resources the office can provide.
"Adjustments will be made," Baumer said.
Anh Ha Ho, co-director of the refugee center with Hlavna, said that the major needs of immigrants in Champaign County pertain to issues such as food, money, health care and housing - all of which fall into the jurisdiction of the Department of Human Services.
Local immigration-service organizations such as the refugee center don't provide many direct services, Ho said, rather relying on government agencies like Department of Human Services. A great deal of Ho's time is spent helping clients with paperwork and applications for the services through the department.
"We take advantage of the services in place because that's really all immigrants need," Ho said. "We're here to make sure that they get the help they need."
And in a county in which nearly one out of every 10 residents is an immigrant, the budget cuts to human services will especially affect a Champaign County population that has limited access to non-English-speaking resources.
"We have the immigration population of a big metropolitan city without the big city resources," Hlavna said. "We have to rely on each other and we really have to rely on the DHS."
Adcock, of the Latino Partnership, said that a drop in available assistance by the human-services agency may alter the approach of immigration-services organizations
"It'll be harder for people to get the help they need, so we may have to look into different options available," Adcock said. "We may have to look more towards private resources, whether that's local churches or donors or whatever it is."
Funding was a major concern for Champaign County immigration-service agencies even before the proposed cuts, Adcock said, but they will not have to focus their efforts on tightening budget and fundraising.
"Everyone's been on the bubble and funding will always be a concern," Adcock said with a smile. "But we're still here.
A new tradition of fresh produce starts up again in Champaign Thursday.
It's the 3rd year for the Farmer's Market on North First Street. Manager Wendy Langacker says the sales of meats, fruits, crafts, and fresh cut flowers has served as an economic boon to the area, a part of town once considered a food desert when the North First Street Association was formed.
"They figured that one way to kind of kill two birds with one stone was to have a farmer's market," said Langacker. "So it would not only bring potential customers for their business by bringing them to the market and having them see the area, but it also would bring fresh, healty food to the people in that area."
Langacker says one of the real goals of cooking demonstrations and recipes available on site is getting young people to like vegetables.
"I think one thing that people really experienced last year was when you buy things that are at peak, or as I call seasonal cooking, the flavors are just multiplied," said Langacker. "And I had several famiiles come back, and say 'my kid never eats vegetables, now they love vegetables."
The Champaign Farmer's Market will include local musicians, including a steel drum performer on Thursday. New vendors include a seller of specialty cakes and cupcakes, and a maker of locally made dog biscuits. The market is also pet friendly
The market runs from 3 to 7 p.m. each Thursday thru September 1st at 201 North First Street. Meanwhile, the University of Illinois' Sustainable Student Farm will start up its own Thursday produce stand in the Urbana campus quad, beginning Thursday. It runs from 11:30 a.m. to 5 p.m.
More and more people are taking advantage of their area state parks for camping, fishing and other recreation. In fact, nearly 2,000,000 people a year pass through two state parks along Route 150. Yet the agency charged with running them has seen significant budget cuts in the past decade. In this installment of our "Life on Route 150" series, Illinois Public Media's Tom Rogers visited the parks and took a snapshot of their health.
Faced with losing the life they've built together in the dusty California desert town of Cathedral City, Doug Gentry and Alex Benshimol are making a last-ditch effort to stave off the looming threat of deportation.
To a large degree, the couple is stuck. While the American information technology consultant and Venezuelan pet groomer wed at a romantic Connecticut ceremony last year, the federal government won't recognize the marriage between the two men - and as a result, won't approve their application for a green card.
But the couple, and others facing a similar predicament, are still trying. The men don't expect to actually obtain a green card any time soon and have already been shot down once but hope filing an application might convince an immigration judge to at least refrain from deporting Benshimol while the fiery legal debate over the country's same-sex marriage laws simmers.
"There have been so many ups and downs on this roller coaster. I really don't know what to expect," said Gentry, 53. "It can't hurt (to refile). All they can do is deny it again."
For years, immigration attorneys warned gay couples not to bother seeking a green card for their foreign spouses since there was no chance they'd get one. Now, in select cases, they're starting to rethink that advice.
In the wake of the federal government's announcement that it will no longer defend a law that defines marriage as between a man and a woman and a court ruling raising questions about the law, some immigrant advocates have suggested that gay couples fighting deportation apply for a green card in a final effort to stay in the country.
Most couples, advocates say, should refrain from doing so to avoid drawing attention to their predicament if the foreign spouse is here illegally, and to avoid forking over cash for a benefit they won't get anytime soon if here on a legal visa.
But the small group of couples already facing deportation has little to lose by applying, and might see some gain.
In March, an immigration judge in New York halted deportation proceedings involving a lesbian couple until December. Last month, an immigration judge in New Jersey did the same for a Venezuelan salsa dancer married to an American graduate student after Attorney General Eric Holder asked an immigration appeals court to review another case involving a same-sex couple.
In a memo posted to its web site in March, the American Immigration Lawyers Association suggested that couples facing deportation consider filing for a green card in the hopes that it might win sympathy from an immigration judge willing to put the case on hold or bolster the immigrant spouse's case for an asylum petition.
"We are advising more people to do it - at least in the context of if the foreign partner, the foreign spouse is in deportation proceedings," said Victoria Neilson, legal director of Immigration Equality, an immigrant rights group focused on the gay and lesbian community. "At this point there is more of a feeling that the tide is turning on marriage in this country and it could be something that could be helpful."
U.S. immigration authorities are denying green cards for same-sex couples because the 1996 Defense of Marriage Act specifies that marriage is between a man and a woman, said Chris Bentley, spokesman for Citizenship and Immigration Services. As of March, the agency had 10 or 20 such petitions pending, he said.
There are roughly 26,000 bi-national same-sex couples in the United States where one partner is a U.S. citizen. There's no estimate on how many have legally married, said Gary Gates, a UCLA professor and co-author of the Gay and Lesbian Atlas.
It's impossible to know how many couples filed green card petitions before last year, immigration authorities said.
Lavi Soloway, an immigration attorney in Los Angeles, said he started encouraging some clients to apply last year after a federal judge in Massachusetts ruled the 1996 Act is unconstitutional because it interferes with a state's right to define marriage. Soloway saw further encouragement this year when Holder said the executive branch would no longer defend the Act as constitutional and the immigration agency temporarily held off making a decision on same sex couples' cases.
"The forum in which we're testing the issue is immigration court," said Soloway, who represents a dozen couples including Gentry and Benshimol. "It is the best possible place for this discussion to be taking place because it involves parties that have broad discretion to address just the kinds of concerns we're talking about."
Immigration and Customs Enforcement - which is responsible for carrying out deportations - said the agency will continue to enforce the law unless it is repealed by Congress or shot down by the courts.
The issue has enflamed passions on both sides of the debate over gay marriage.
It has also raised questions for those seeking stricter limits on immigration. Mark Krikorian, executive director of the Center for Immigration Studies, said judges can exercise discretion on individual cases but shouldn't use that power to enact sweeping policy changes.
"They are in effect legislating and it's not their job. It's Congress' job," Krikorian said.
Benshimol came to the country 12 years ago and overstayed his tourist visa -an immigration violation that straight couples can remedy once married. Now, he says he can't safely return to Venezuela as an openly gay man and also can't stand the thought of being separated from his husband, or of forcing Gentry to leave behind his adult son and daughter who live in California.
Even so, Gentry and Benshimol say they are hopeful, simply because they have no other choice.
"You just never know. The analytical side of my head says, you know, DOMA exists and it's the law and they're going to deny it," Gentry said. "But then the hopeful side of your brain says, you know, there's a chance."
A survey on the greatest health needs in Champaign County has been broken down into four general areas.
The state requires the Champaign-Urbana Public Health District to complete a local assessment of needs plan every five years. After more than 11-hundred replies last year, priorities were identified as access to care (or paying for medical, mental and dental health), accidents (including DUI crashes and those in the home), obesity, and violence (including alcohol-related abuse and domestic violence.)
CUPHD Epidemiologist Awais Vaid says the county's current Community Health Plan was narrowed from 10 categories five years ago. He says public health is given no specific guidance on how to come up with the priorities.
"It's basically the community partners, the community leaders that get together and decide one what should be included," said Vaid. "But the last time we identified 10 of them, it became too much to address each of them, because each takes time and resources."
Vaid says community coalitions are being put together to address the four areas, each of them involving members of the public health district.
"The last time we finished the process, and thought as time goes by, some group will start addressing each one of these. It didn't happen," said Vaid. "So most of them were not addressed the way we were expecting to. But this time we do have specific groups that have a vested interest."
Yearly progress on the surveyed areas will be posted on the CUPHD's website.
It's been six weeks since a Champaign County judge ordered the closure of an apartment complex between Rantoul and Thomasboro.
But public health officials say people continue to live there. Indeed, as of Thursday, there were several cars parked in front of a far east building, which had a new dumpster nearby and kids playing in the yard.
The first collection buildings in the complex, known as Cherry Orchard, looks empty from the main highway - County Road 1500 East. There appears to be no cars and no people.
In April, a Champaign County judge fined its managers, Bernard and Eduardo Ramos, more than $54,000 and ordered them to close down the property following a nearly four-year-old Champaign County Public Health Department case.
New painted words "For Sale" have replaced "Cherry Orchard" on a large, weathered wood sign. New phone numbers with the 202 area code have appeared. The property is listed for $1.3 million on this website. There is no longer a "for rent" sign.
The main entrance is blocked by an old telephone pole propping up a door turned on its side decorated by the word "Closed" in spray-paint. An electrical cord of some type serves as a make-shift rope between two trees that flank the main entrance.
By all appearances, from the corner of county roads 1500 East and 2700 North, the 11-acre, 68-unit apartment complex looks to be in compliance with the April court order.
A woman answered a call to one of the phone numbers listed on the sign, but pleasantly declined to give her name and said she would only discuss the details of the complex and its selling price with serious buyers. She said the complex was "empty, completely empty."
The Ramoses were accused of failing to legally connect sewer and septic systems for six of their eight apartment buildings on the property. The apartment complex has traditionally housed many migrant workers.
The Health Department had sought to stop the Ramoses from renting out the property until the septic system could be legally fixed.
Bernard and Eduardo Ramos have repeatedly declined to comment for any news stories about the complex - including not returning calls seeking comment and posting signs warning "media dogs" to stay away. After April's ruling, the pair flashed a sign at reporters that read "slander- lying" as they left the courtroom.
The Ramos incurred more legal troubles when they failed to show up for a status hearing in May, after reports that the complex had yet to be closed and tenants remained. They notified the state's attorney's office prior to the hearing to report that they were on an extended trip to Texas.
At the May hearing, Judge John Kennedy issued a civil contempt warrant and a criminal contempt warrant for both Bernard Ramos and his father, Eduardo. The arrest warrants each include a $10,000 bond. If arrested, the judge requires that the Ramoses post the full amount - a total of $20,000 each - rather than the typical 10 percent before they can be released.
Soon after, the complex appeared to have been closed down.
But health officials who regularly spot-check the complex have found people living there, and neighbors have reported to health officials that men are working on apartments during the day as well and that residents remain in the buildings.
A visit to the area on Thursday morning showed the same.
While the main entrance to the complex is closed, a second driveway - accessible further down County Road 2700 North - leads right to the far east building (noted as number 5 on the map below).
There appeared to be a work van and four or five cars parked in front of the complex.
There were also children playing out front.
Neighbors have also reported that new air conditioners have been installed in the windows and a new dumpster was placed nearby.
Health Department officials do not have the authority to physically remove anyone from the complex; however, they remain concerned about the safety and health of residents who continue to live there due to the conditions of the complex.
Health officials are also concerned that the Ramoses are preparing the place for additional tenants - migrant workers who typically move to the area during this time of year, said Public Health Administrator Julie Pryde.
As of Friday, Bernard and Eduardo Ramos have yet to be arrested on the outstanding warrants for contempt of court.
The County Board of Health plans to meet next week with officials from the county to see what options they can legally pursue to ensure that the apartment complex is vacated and the illegal discharge of sewage ends, Pryde said.
(Photo by A. H. Gorton of CU-CitizenAccess)
Recent Photos Taken of the Cherry Orchard Apartment Complex:
School lunches and breakfasts are sometimes a lifeline for children whose families face problems affording healthy food. School officials understand that and are extending school meal programs into the summer.
Starting Monday, Champaign Unit 4 food service crews will bring breakfasts and lunches to four community centers - they'll be available free to children under age 18.
Unit 4 food service director Mary Davis says the federally-funded program is there to fill the gap when school lets out and children on free or reduced-price lunches still need food.
"Especially now where jobs are hard to find and so money isn't coming into a household like it was, this is going to help all those households," Davis said. "It'll take a worry off their mind because it's both breakfast and lunch. So it does help."
Davis said people at the sites won't ask for proof of need. She said she expects the nine sites across the Champaign area will give out about a thousand breakfasts and up to two thousand school lunches every weekday through the end of July.
Six of those sites are open to anyone - the sites at the Don Moyer Boys and Girls Club (201 E. Park Ave.), First Presbyterian Church (302 W. Church), Douglass Community Center (512 E. Grove) and Jericho Church (1601 W. Bloomington Rd.)open Monday. Sites at Carrie Busey and Stratton schools open June 13th.
On Friday, U.S. Senator Dick Durbin is expected to visit another school meal program funded by the Department of Agriculture. Decatur's Boys and Girls Club is one of several sites in that city where the Summer Food Service Program is also taking place.
Couples entering into civil unions under the new law that took effect in Illinois Wednesday may want the event published in the newspaper.
The Champaign News-Gazette is now ready to publish their announcement --- at the same rate it charges for engagement and wedding announcements. Previously, the News-Gazette would not publish announcements from same-sex couples, but Managing Editor Dan Corkery said the newspaper decided to to change that policy, now that civil unions are part of state law.
"There are definitely people --- some of our readers, loyal readers --- who this is going to rub the wrong way," Corkery said. "And on the other hand, had we not published civil union announcements, there would have been people who would have upset about that as well, whether they were personally affected or not, just out of a sense of fairness."
Corkery notes that civil unions in Illinois are open to both same-sex and opposite sex couples, and the News-Gazette will run announcements for both. But he said Illinois civil unions are the only announcements they will publish for same-sex couples, unless the event rises to the level of a news story.
Announcements of extralegal commitment ceremonies, and same-sex civil unions and marriages performed outside Illinois will not be accepted.
Meanwhile, another Champaign-Urbana media outlet, the online publication "Smile Politely," said it will now run same-sex couple announcements free of charge --- for civil unions, but also for weddings, anniversaries and births or adoptions.