Washington Post columnist Charles Lane recycled erroneous Fox News claims about California's new TRUST Act, which details how state officials can constitutionally participate in federal immigration policy.
On October 21, Lane provided misleading talking points to right-wing media on the topic of an appellate judge's recent admission that strict voter ID has proven to be voter suppression. A week later, the exchange was reversed, with Lane repeating debunked misinformation on the TRUST Act previously broadcast by Fox News host Bill O'Reilly.
In his most recent column, Lane falsely claimed that the TRUST Act was "in tension" with the Supreme Court's decision in Arizona v. United States, which reaffirmed long-standing Supremacy Clause precedent that forbids state law from conflicting with federal immigration law. Like O'Reilly's confused analysis before him, this is a conflation of the unconstitutional attempts of Arizona to usurp federal immigration powers with the separate - and unchallenged - constitutional justification behind the TRUST Act. From the October 29 edition of the Post:
California's new law limits cooperation with the federal Secure Communities program, under which the fingerprints of arrestees that local police routinely send to the FBI also get routed to U.S. Immigration and Customs Enforcement (ICE).
When ICE registers a "hit" against its database, it tells the state or local jail to hold the individual for up to 48 hours so that federal officials can pursue deportation if appropriate. Between March 2008 and September 2011, Secure Communities led to more than 142,000 deportations.
California's new law forbids police to detain anyone under Secure Communities unless the individual has been convicted of or formally charged with certain serious crimes such as murder or bribery -- but not, say, misdemeanor drunk driving.
It's the mirror image of a provision of Arizona's immigration law that essentially required Arizona police officers to check with ICE about everyone they arrested. The Obama administration opposed that as unwanted and unnecessary meddling in federal decision making -- but it was the only aspect of Arizona's crackdown that the Supreme Court upheld.
So: If the Supreme Court says that one state (Arizona) may pester federal immigration authorities with more information about detainees than they asked for, can another state (California) deny the feds information they might seek?
But the surviving provision in Arizona's troubled immigration law (SB 1070) mentioned by Lane involved communication between state and federal officials, whereas the TRUST Act delineates immigration detention powers. These are two entirely separate areas of enforcement underpinned by separate legal justifications.
Contrary to Lane's argument, that is not a "mirror image."
Laura Ingraham used her radio show to push the falsehood that President Obama could waive deportations of all undocumented immigrants except for serious criminals, even though he has explicitly stated that such a move would be a violation of federal law. Legal experts also agree that it would be "problematic" for Obama to waive deportations of all undocumented immigrants.
Discussing immigration reform with Chris Crane -- the president of the National Immigration and Customs Enforcement Council and a frequent critic of the Obama administration, which has made him popular among right-wing media -- Ingraham let Crane accuse the Obama administration of not enforcing immigration law, saying that this "administration is ordering us not to enforce the law." Crane continued with a series of whoppers about immigration enforcement:
CRANE: It is no longer illegal in the United States of America to be in this country illegally. You know, even if you have been convicted of multiple criminal convictions, we often cannot even put you into removal proceedings, into deportation proceedings, because you are protected by this president. And it's basically an open-borders policy that once you make it past the border and you're in the interior of the United States, you're free.
In reality, any undocumented immigrant who is arrested and convicted of a crime goes through deportation proceedings after they have been tried in criminal court. U.S. Immigration and Customs Enforcement routinely holds hearings to determine whether an immigrant who has been convicted of a crime should be subject to removal following jail time.
As of May 2013, ICE had deported about 31,500 immigrants through the Secure Communities program since the beginning of the year, which flags immigrants in law enforcement custody for ICE removal.
In fiscal year 2012, the Obama administration deported a record number 409,849 immigrants, 55 percent of whom fell into ICE's high-priority categories. It is estimated that the administration deports at least 1,000 immigrants a day at this current pace.
Fox is baselessly accusing President Obama of deliberately trying to distract the public and shift media attention away from problems with the health care rollout by continuing to push Congress to act on immigration reform. However, in the week leading up to his speech, Obama repeatedly urged Congress to refocus attention on immigration reform, which he has made one of the most pressing issues of his administration.
From October 25 edition of Courtside Entertainment Group's The Laura Ingraham Show:
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Fox News cut away from President Obama's speech on immigration reform while MSNBC and CNN did not. Instead of covering the president's speech, Fox chose to return to its nearly two-hour-long coverage of House Republicans' committee hearing on Healthcare.gov glitches.
While MSNBC, CNN, and Fox News all covered the beginning of President Obama's speech on immigration reform live, Fox News promptly cut away after only two minutes and forty seconds to take a commercial break before returning to its nearly-two-hour-long coverage of House Republicans' hearing on the glitches affecting Healthcare.gov. MSNBC and CNN aired the less-than-10-minute speech in its entirety.
When Fox's America's Newsroom returned from break, co-host Bill Hemmer brought the focus back to the congressional hearings, mentioning Obama's immigration speech only to theorize that it was planned to distract from the hearing "going on right down the road."
Hemmer must have forgotten that Fox frequently cuts away from remarks given by the president -- often using trivial news stories as an excuse -- when he accused Obama of attempting to distract from the House's hearing.
From the October 23 edition of Cumulus Media Networks' The Mark Levin Show:
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From the October 23 edition of Courtside Entertainment Group's The Laura Ingraham Show:
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Fox News is using falsehoods to discredit an immigration reform rally that took place on the National Mall in Washington, D.C., claiming that activists were given preferential treatment by the Obama administration to stage their protest while parks remain closed. In fact, the National Park Service made it clear a week before the protest that First Amendment activities on the Mall and at Memorial Parks would be exempt from closures.
Fox News hosted discredited documentary filmmaker Dennis Michael Lynch to attack an immigration rally that took place on the National Mall in Washington, D.C, accusing non-English speaking participants of being undocumented and attacking participants for "climbing on some of the statues."
On October 8, several thousand demonstrators gathered on the Mall to call on lawmakers to pass comprehensive immigration legislation that includes a path to citizenship for undocumented immigrants:
[T]housands of activists -- from young children wearing white T-shirts that read "Don't Deport My Dad" to activists cheering and waving signs that proclaimed: "No Human is Illegal" -- gathered on the Mall on a cool October afternoon. More than a dozen congressional Democrats and four House Republicans came before the crowd to push for a reform bill in the House.
Fox News reported on the rally by hosting filmmaker Dennis Michael Lynch, who characterized the protest as an "illegal immigrant rally." On the October 9 edition of America's Newsroom, host Bill Hemmer spoke to Lynch who likened the protest to a "rock concert" and said, "I felt like I was back down in Texas along the border where there's no fence and you say, 'come on in!' I mean, they were welcomed."
From the October 9 edition of Courtside Entertainment Group's The Laura Ingraham Show:
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Fox News misrepresented the TRUST Act, a California immigration bill that would limit law enforcement's ability to detain undocumented immigrants for deportation, claiming the legislation will allow criminals to go free. In fact, the bill is aimed at shielding undocumented victims and witnesses to crimes, as well as those who have committed only minor offenses, from deportation. It also seeks to stop criminalizing undocumented immigrants for the sole civil offense of being in the country illegally.
The bill, formally known as Assembly Bill 4, was passed by the California state legislature on September 10. Gov. Jerry Brown has until October 17 to sign it into law. The bill states:
This bill would prohibit a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes.
The bill lists some of the crimes that would prompt law enforcement to detain undocumented immigrants for the 48-hour immigration hold, including violent and serious felonies such as rape, assault, robbery, and selling drugs.
The bill also argues that Secure Communities (S-Comm) -- the controversial and widely criticized program under which law enforcement can detain undocumented immigrants for deportation -- "and immigration detainers harm community policing efforts because immigrant residents who are victims of or witnesses to crime, including domestic violence, are less likely to report crime or cooperate with law enforcement when any contact with law enforcement could result in deportation." The text continues:
The program can result in a person being held and transferred into immigration detention without regard to whether the arrest is the result of a mistake, or merely a routine practice of questioning individuals involved in a dispute without pressing charges. Victims or witnesses to crimes may otherwise have recourse to lawful status (such as U-visas or T-visas) that detention resulting from the Secure Communities program obstructs.
In an article on the S-Comm program, California's KPBS reported that in the city of Escondido, "collaboration between the city's police and federal immigration activists has caused tension in the city's Latino communities for years." The article continued:
Agents have been present at the police department's driver's license and sobriety checkpoints, and in the city's jails.
Activists say this kind collaboration diminishes public safety because immigrants are less likely to trust police or report crime if they fear that interacting with police could get them deported.
But in a segment on the TRUST Act for Fox News' Special Report, correspondent William La Jeunesse suggested the bill would allow violent criminals to go free and avoid deportation if they are in the country illegally. His report included Marin County Sheriff Robert Doyle saying, "If you or I were victimized by someone stealing our identity, or selling drugs in our community, or burglarizing our homes or embezzling our money, that that's OK. That's a minor crime."
Fox News is continuing its practice of appealing to conservative viewers while also pandering to the growing Latino influence in the United States.
In a report on American children in Los Angeles County whose parents are undocumented, Fox News used phrases such as "Alien Nation" and "Children of the Corn" to illustrate the story. In another report, the cable channel celebrated Hispanic Heritage Month -- a month-long tribute to Hispanic Americans starting on September 15 -- with a feature on the immigrant roots of Goya Foods.
On the September 19 edition of Fox News' Special Report guest-hosted by Chris Wallace, the program used several inflammatory graphics during a segment called "The Grapevine" to highlight a new analysis by Los Angeles County officials that an "estimated 100,000 children of 60,000 undocumented parents receive aid in Los Angeles County." According to the data, the projected cost to the county would equal $650 million in 2013.
On Special Report, Wallace stated that the LA County data is "more proof of the economic impact of the immigration debate." As he cited the numbers, several graphics bearing the image of a man appearing to vault over a border fence lined with barbed wire flashed on-screen. One read: "Children of the Corn":
"Children of the Corn" is the name of a 1977 short horror story by Stephen King, which tells of a murderous cult of children in a remote town who kill everyone over the age of 18. The story was adapted for film in 1984; at least eight other movies followed.
Wallace nor Special Report explained or referred to the graphics during the segment, which also featured one reading: "Alien Nation":
From the September 19 edition of Fox News' The O'Reilly Factor:
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Right-wing media have seized on a report noting that American children in Los Angeles County with undocumented parents are receiving millions in benefits to revive the spurious smear that undocumented immigrants come to this country only to receive welfare. However, these outlets are missing the facts surrounding the data, including that studies show immigration reform could raise these children's standard of living.
In a September 16 article, the local CBS affiliate in Los Angeles reported that according to a new analysis by county officials, an "estimated 100,000 children of 60,000 undocumented parents receive aid in Los Angeles County." The article added that the projected cost to the county would equal $650 million in 2013.
County supervisor Michael D. Antonovich was quoted as saying that the total cost to taxpayers could exceed $1.6 billion per year after factoring in health care and public safety costs, adding, "These costs do not even include the hundreds of millions of dollars spent annually for education."
Right-wing media outlets, including the Daily Caller, The Blaze, and Breitbart.com, highlighted the report, with the Power Line blog using it to accuse undocumented immigrants of putting a "burden" on "the nation's welfare system, along with driving down wages for working Americans." American Thinker commented: "To open borders crowd: Please make your donations here to cover the cost of allowing destitute, jobless, skilless, poorly educated people to cross the border. We can't bill the Mexican government so you're the next best target."
Fox News contributor Laura Ingraham read the news on her radio show and used it to call for the end of birthright citizenship -- which, under the 14th Amendment, makes anyone born in this country an American citizen. She also argued that the news should end all talk of immigration reform.
But these reports leave out key facts. In 2012, according to Antonovich's office, the total cost of food stamp benefits and Cal WORKs -- a welfare program that gives cash aid and services to eligible needy California families -- to Los Angeles County was a little over $3 billion. Families headed by an undocumented parent received about $636.5 million or a little more than 20 percent of the total.
One of the most repeated claims against immigration reform from conservative media is that legalizing immigrants would negatively impact the U.S. economy. Another is that immigrants take jobs from American workers. And that the economy should take precedence over immigration reform, despite the fact that immigration is an economic issue.
A new study that examined government data over a 40-year period has punctured all of these myths, finding that immigration -- vital to hard-hit communities across the nation -- has a positive effect on the country and the economy, especially in the manufacturing sector.
As CBS News reported, a study by the Americas Society/Council of the Americas and the Partnership for a New American Economy found that immigrants "are boosting job growth, raising home prices and more broadly helping to revive thousands of economically distressed communities." Many of those communities, CBS News pointed out, are in rural areas with a heavy manufacturing focus.
The study, prepared by Duke University economist Jacob Vigdor, used data from the U.S. Census Bureau and the American Community Survey to assess the impact of immigration on "the number of middle-class manufacturing jobs," "the health of the housing market," and "the size of the local U.S.-born population." It looked at nearly 3,100 counties within a 40-year period from 1970 to 2010.
The report highlighted three key findings:
The study found that the "arrival of high-skilled immigrants as well as workers that are part of the essential economy has also greatly contributed to the growth of the manufacturing industry in places like Los Angeles, Houston, and in southern Arizona." To illustrate, the study contrasted Los Angeles County with Cook County in Chicago and found:
A wave of new foreign-born residents moved to both areas between 1970 and 2010, but the growth was proportionately much larger in Los Angeles. There, the immigrant population nearly quintupled, compared to the doubling experienced in Cook County.
Bearing in mind that when 1,000 immigrants move to an area 46 manufacturing jobs are created or preserved, the fact that Los Angeles added 2.7 million immigrants over this time period -- rather than Cook County's 600,000 -- accounts for about half of the difference in total manufacturing jobs between the two areas in 2010. Immigrants now account for more than 35 percent of the population in Los Angeles County, a substantial share of the population.