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HomeMy WebLinkAbout1987-04-21; City Council; 8851-2; Immigration Study Task Force ReportCIT” OF CARLSBAD - AGEN IMMIGRATION STUDY TASK FORCE REPORT RECOMMENDED ACTION: Receive the Immigration Study Task Force final report pursuant to Council Resolution No. 8941. ITEM EXPLANATION: Resolution No. 8941 established the Immigration Study Task Force charged with studying the impacts of immigration upon Carlsbad. The attached report is the result of the Task Force's effort. Because of the complexity of the issue, the report is broken down to six main areas: US BORDER PATROL IMPACTS UPON THE AGRICULTURAL COMMUNITY THE ALIEN PERSPECTIVE LOCAL LAW ENFORCEMENT LOCAL HEALTH IMPACTS IMPACT OF UNDOCUMENTED WORKERS ON CARLSBAD'S SCHOOLS The Task Force was addressed by representatives from each of these issues. The information derived from the speakers , combined with their own research, was used to formulate the final report. FISCAL IMPACT: None. EXHIBITS: 1. Immigration Study Task Force final report. -4 -_ -I-HE IMPt=9C-l- .:OF UNI3ClCUMENTEI3 mIXENS UF=‘ON -t-HE CITY OF CFIRLSBFIID PRESENTc-J.3 ECY THE I IPIM I GRCzrl- I QN STUDV -l-FISK FORCE l-f=bSK FORCE MEMBERS Mcnr-~E: i gr~cmr- J - Rayrncrr-td Mcrcmrcrr g Chairniau~ Father t=3J Ca pulcl-3 i r-lc3 43 1 c3x--i a c:ar"r--ar-l z a Rc3 ber-t Wea1wick Vic-tc~ria G 8-4 bes 1 nlar-~r-a l-l-l c3 n-n a 5 IEsr-ier-l.y R t.et d y M~~r~er-~cm TABLE OF CONTENTS -_ INTRODUCTION . . . . . . . . . . . . . . . . . . . . U.S. BORDER PATROL . . . . . . y . . . . . . . . . . IMPACTS UPON THE AGRICULTURAL COMMUNITY . . . . . . Historical Perspective of the Undocumented Agricultural Worker Carlsbad's Agriculture Industry Economic Profile of Agriculture in Carlsbad Carlsbed's Undocumented Agriculture Workers Positive Impacts to Carlsbad from the Undocumented Agriculture Worker Future Changes Due to the Immigration Reform & Control Act Local Impacts Due to the Loss of the Farm Industry THE ALIEN PERSPECTIVE . . . . . . . . . . . . . . . . LOCAL LAW ENFORCEMENT . . . . . . . . . . . . . . . . LOCAL HEALTH IMPACTS . . . . . . . . . . . . . . . . . IMPACT OF UNDOCUHENTED WORKERS ON CARLSBAD'S SCHOOLS . Migrant Education Program Migrant Children Have Special Needs Federal Assistance CONCLUSION . . . . . . . . . . . . . . . . . . . . . . LIST OF SPEAKERS . . . . . . . . . . . . . . . . . . . 6 7 9 10 11 13 C -. The following report is the consequence of Resolution No. 8941 of the City Council of Carlsbad, California. The aforementioned Resolution No. 8941 establishedzen "Immigration Study Task Force" that was to study the impact of immigration on the city of Carlsbad. We wish to make a statement at the very beginning of our report. Throughout this study, that while we use the words "alien, illegal alien, illegal migrants, undocumented, undocumented aliens, etc. etc." to describe these people migrating to our country, we, in no way, would want to give the impression that we see the immigrants as anything less than men, women, and children, who, by reason of their being such, merit respect. The immigrants, most often, are people making great sacrifices to satisfy the basic needs of human beings, survival. It is our hope that all who read this document will see the immigrant in this same light. The Task Force met for the first time February 5, for the purposes of orientation and organization. Subsequently, the Task Force met weekly. It was decided that representatives of different agencies dealing with the immigrants would be invited to present their view of the impact of immigrants on our City. It was agreed that the members of the Task Force would take advantage of the presence of these various representatives to ask questions and clarify any misunderstanding that we might have. Guests and observers at the meeting8 were encouraged to ask questions as well; participation was however, low. We are grateful to those who appeared before the Task Force and we wish to acknowledge them and the agencies that they represented, We are also grateful for the help and support that we received from Chief of Police Jimno, and Mr. Mannen, Assistant City Manager. We are especially grateful to Hr. Richardson for acting as secretary and resource person. MONSIGNOR MOORE CHAIRHAN IMMIGRATION STUDY TASK FORCE 2 U.S. BORDER PATROL -- We first invited the Immigration b Naturalization Service to send a representative to meet with our Task Force. Hr. Dale Cozart, Chief Patrol Agent for San Diqgo, and Mr. Mike Connell, Patrol Agent in Charge of the El Cajon Section, made presentations and answered questions. They explained that Carlsbed lends itself to being a center for the illegal alien workers; there are various reasons for this: 1. Employment - there is a need for farm workers, unakilled construction workers, hotel, motel workers. 2. Open lands where the undocumented can find shelter as well as limited security. 3. Ideal area to *hole up* while waiting to go through the Check Points in San Clemente and Temecula. There are anywhere from 3,000 to 10,000 undocumented in Carlsbad,lSX are in agriculture, a sizeable percentage are in other works. Seventy percent of the apprehensions of undocumented aliens takes place in the Tri-City area. There are typically 5,000 to 10,000 apprehensions in Carlsbad annually. Mr. Cozart and Mr. Connell described the immigrants as docile, non-criminal types just looking for work in the Carlsbad area. They do not see the immigrants as gangs roaming the streets, harassing people, etc. etc., as described by some. There appears to be some concern as the years go on and the economic situation in ?lexico worsens, as to the types of individuals we will be seeing cross the border into our City. There is a fear that more enterprising and criminal types may find their way into the City of Carlsbad. At this moment, the negative impact of the immigrant is minimal. IMPACTS UPON THE AGRICULTURAL COMMUNITY Historical Perspective of the Undocumented Aaricultural Worker Beginning over 40 years ago, the U.S. government helped recruit and bring Mexican workers into the country as migrant laborers in the face of the labor shortages caused by World War II. By mid- 1951, Congress had enacted legislation, later know as the br-acer-o program, to guarantee American farmers a stable supply of willing Mexican workers. Although scheduled to end after 1953, the br-acer-o program was extended for 11 years, reaching it peak between 1956-59. In 3 those years, more than 425,000 Mexican citizens were admitted annually to work in United States agriculture. At the end of the br-acts-o program however, the need for low cost labor was etill preeent. According to the U.S. Department of Agriculture, each year 2,SOO,OOO to 3,000,OOO farm workers, many of them Illegal aliens, work on U.S. farms. In Congreeeional testimony, experts have estimated that more than half of the migrante working in agriculture in the western U.S. are illegal aliens. Some of them are full-time employees, but many work at harvest jobe lasting from a few days to a few months. Carlsbad's Aariculture Industry The Carlsbad, as well as the San Diego County, agriculture Industry in unique in that it grows high value crops almost the year round under relatively adverse agricultural conditions. From a terrain standpoint, the land is too sloped, the soil poor, it is difficult to mechanize, and the water is expeneive and of poor quality. The combination of these factors has resulted In a labor-intensive local industry. Some crops, such as strawberries and flowers, are almost exclusively picked by hand. Others, such as tomatoes, rely on machines as well as human harvest. Also attractive to the Carlsbad area for agricultural purpoees is the unique climate. This area is capable of producing commodities at times of the year when other parts on the western hemisphere can not. These climatic conditions have permitted the area to become a major producer of off-season products. These products have traditionally been sold at a high price to compensate for the high costs. A. B. C. Economic Profile of Aoriculture in Cerlsbad CEK’NLWE, 1986 I Agriculture Land Use 2,849 agriculture acres. This represents 13X of Carlsbad's total land area. In 1980, this figure was 20%. Crops Grown Tomatoes account for about half the total acres in agriculture product&on. Strawberries, vegetables, flowers, squash, and other minor crops are also grown. Jobs in Agriculture 7.8% of the Carlsbad labor force is in agriculture; 1.09% for San Diego County. 4 D. Value of Cash Crops -. In 1983, SANDAG estimated the value of cash cropa grown in Carlsbad at $13.8 million. Currently, San Diego County Farm Bureau estimates the figurcp at $25 million. Carlsbad's Undocumented Aariculture Workers Due to the terrain, type of commodities grown, and operating costs, there has always been a dependency upon a large, low cost labor force, and illegal workers have been crucial to the commercial fruit, vegetable, and flower farms in the Carlsbad area that specialize in commodities which must be hand-harvested, or whose cultivation is labor-intense. INS statistics show that generally 10-15x of the undocumented workers in the County are employed in the agriculture industry. However, according to the San Diego County Farm Bureau, these statistics increase during the peak of the agricultural season (February through May) when there is a greater need for the agri- workers. The remaining population of undocumented workers, when employed, work in other industries such as construction, food services,hotel/motels, gardening/landscape, etc.. According to Hr. Peter Plachauf, of Carlsbad Tomato Company, who spoke to the Task Force, farms in Carlsbad employ on the average of one undocumented worker for every acre of farm land. Due to the highly intensive nature of the crops grown in the area, Farm Bureau estimates indicate that these numbers are probably higher, especially during the peak of the season. Depending on the source being consulted, there is a wide discrepancy as to the total number of undocumented workers In agriculture in Carlsbad. Because the total number of acres devoted to agriculture changes from year to year, season to season, one can only estimate the number of undocumented agriculture workers living and working in the City of Carlsbad. INS officials have estimated as many as 10,000 workers during the peak of the agricultural season. Hare conservative estimates would put their numbers between 3,000 and 5,000. The heaviest concentration of undocumented workers surrounds Carlsbad's largest ranches. However, this does not necessarily mean that these workers are employed in agriculture. Ukecawa Brothers Ranch, north of Palomar Airport Road, east of Paseo de1 Norte with workers residing along the south shore of the Agua Hedionda Lagoon; Tabata Brothers Farm, located in the same area which includes several acres and a packing house south of Palomar Airport Road and east of Alta Mira; 5 Michel Earm, east of El Canino Real south of Tamarack; Raul Sanchez Ranch, along Hidden Valley Road; Kato Farms, east of Sunny Creek Road; Frazee Flowers and Packinu Shed, south of Palomar Airport Road west of Laurel Tree Road; Lopez Ranch, in the area of the Carlsbad Raceway. There are also numerous smaller farms in the area. Positive Impacts to Carlebad of the Undocumented Auriculture Worker The initial, and most obvious, asset is a substantially reduced commodity production cost. In addition, much of the North County farm industry could not be in business without these individuals due to the labor intensive nature of the area. This results in a higher tax base for the City as well as a large portion (60-70X) of the farm laborers' earnings going back to local business. Future Chanues Due to the Immiaration Reform & Control Act The probable results of the undocumented workers obtaining legal status under the new Immigration Reform and Control Act of 1986 iS that many will leave agriculture and move toward more desirable work in other employment areas. Presently, there is no knowledge of the local labor force available to fill the vacant agri-jobs left by these undocumented workers. Because residency requirements under the new Immigration Act are considerably eased with regard to the agricultural worker (90 days work in agriculture between nay 1985 and May 1986 for temporary resident status), local communities will experience a large percentage of the undocumented workers obtaining their temporary resident status and attempting to assimilate into mainstream society with limited income. This will result in a greater demand for low cost housing, social services, and greater occurrence of home overload factors. Add the above to the fact that Carlsbad's image has changed over the years from basically a rural to an urban community, as agriculture lands are sold for development. This is creating apprehension in many residents and growers as to the future of agriculture in Carlsbad. 6 Local Imaacts Due to the Loss -. of the Farm Industry As agriculture land use in Carlsbad changes in the future, due to a number of factors directly or indirectly related to this industry (increase in the cost of water for irrigation, cost and availability of labor, unionization of local farms which produces higher overhead costs, unwillingness of land owners to lease their lands for agriculture uses, etc.), many local farmers have stated that they are looking at abandoning labor intensive commodities. tIany farmers are moving their crops to Mexico. This loss, needless to say, would have a negative impact on the City of Carlsbad. According to a study done by the County of San Diego in 1980, the agriculture industry has a significant multiplier effect upon the community; agriculture contributes much more that it takes in services. The multiplier was determined to be 1.6. This means that for each dollar generated, there was an additional sixty cents contributed to the community. If the Farm Bureau has estimated the current value of cash crops in Carlsbad at $25 million, this represents an actual economic impact upon the Carlsbad community of $40 million per year. THE ALIEN PERSPECTIVE The impact to the City of Carlsbad as perceived by the undocumented alien is difficult to address since the undocumented's only concern is employment. His presence in Carlsbad represents a series of personal sacrifices in the nature of being displaced from his family and loved ones, as well as being subjected to large financial burdens placed on him by individuals that have devised a system that produces large profits to "coyotes" who prey on these individuals. The hardships endured by these individuals for the purpose of gaining employment in our community would lead the member of this task force to believe that, in their perspective, there is too much at stake, too much already invested, too many griefs suffered, to take too lightly the thought of having any adverse impact on the community. However, indirectly impacting the City of Carlsbad are the criminal elements that prey on the vulnerability of the undocumented aliens. The City of Carlsbad will continue to experience the effects of crime from the undocumented as long as the criminal elements that prey on them continue to operate without apprehension. It is quite apparent that the criminal activity including the use of forged documents has been a direct result of the profit motives of those who forced the participation on the undocumented. It is interesting to note 7 that the unfavorable impact appears to be on the undocumented, who is the victim of crime as opposed to being the perpetuator of crime. It is the undocumented's perspqctive that he is a victim of a system that was domestically devised and perpetuated against a person willing to undergo severe hardships and many sacrifices for the sake of employment. If any impact is to be experienced by the city of Carlsbad, from the perspective of the undocumented, it must be in the arena of our law enforcement and judicial system; however this is inconceivable since in the perspective of the undocumented there are no civil rights for them. In all this, the undocumented willingly subjects himself to a continued state of vulnerability in a confused state of mind that cannot perceive that there is any possibility for the scale of justice to be changed in order to protect someone who is unable to defend himself because of a language barrier, illiteracy, fear of apprehension, and a cultural lack of awareness of "civil rights". Dr. Martinez, who addressed the Task Force on this subject, is to be congratulated for his untiring efforts in communicating, educating and caring for the welfare of these displaced undocumented aliens. In summation, it is difficult to conceive of any impact to be implemented directly from the undocumented's perspective. They will continue to project the same pattern that is characteristic of the members of the latin community that preceded them generations ago. Even in the age of an awareness of civil rights, the latin community lags behind in making demands of the country they deeply respect and love. LOCAL LAW ENFORCERENT Police Chief Jimno addressed the Task Force regarding the role of the Carlsbad Police Department and its involvement with the illegal alien population of Carlsbad. This role is not only one of police enforcement but also one of a police sensitivity toward the relation between two separate populations who, more often than not, co-exist rather than live together. The Police Department has established a good working relationship with the aliens, which has resulted in cooperation between the various groups of the City (groups including employers, especially agricultural employers, the population in general, and the illegal aliens) when investigations are made into criminal acts or safety code enforcement. Due to Federal laws, local police agencies are prohibited from questioning a suspect's nationality or the legality of his or her presence in--this country. However, once a suspect has been apprehended for suspicion of a crime, if it is suspected that he or she is here without proper documentation, the Immigration and Naturalization Service is contaqted and it then pursues the issue of a legal presence in the U.S. If health and safety code violations are determined to be present, the Department of Health is contacted and it pursues the violations and subsequent prosecution. Most of the agricultural workers live in spider holes and shacks in the canyon areas, without plumbing facilities, thereby causing several health problems and safety conditions. Canyon fires are often caused by cooking fires, serious disease outbreaks are common and include personal diseases and those transmittable to the general population in a more casual manner (as is indicated by the outbreak of malaria directly attributable to illegal alien populations in the lagoon off of Park Drive last summer). Additionally, in the barrio of Carlsbad, there are of ten many families living in crowded, unsanitary "safe houses". Carlsbad is fortunate in that crimes directly attributable to illegal aliens are relatively minor crimes as compared to criminal activities in larger, major cities in California. These minor crimes include loitering, health and housing code violations, sales by unlicensed vendors and vendors selling illegal products (such as weapons), prostitution, and employers who cheat the illegal aliens by refusing payment for services or excessive deductions from wages. Of a more serious nature are those crimes which include driving unsafe and unlicensed automobiles, driving without a license, and hit and run accidents which often involve legal citizens, and drug smuggling. (The illegal aliens are used to carry the drugs in exchange for transportation into the area.) Additionally, of the known five murders committed in Carlsbad in 1986, two to three were committed by aliens against aliens and, because of the good relationship between the Police Department and its several bilingual officers, two of these investigations were able to be completed. (It is suspected that there are occasionally murders committed by illegal aliens against illegal aliens which remain unreported because there were no witnesses and the deceased is buried in the canyons.) However, due to the aliens' fears of any police authority, additional costs of translating documents and the need for bilingual investigations, as well as cooperation with the Mexican government, these investigations are often quite costly and somewhat more difficult to complete. Many crimes remain undetected and unreported by the illegal aliens. These include crimes committed by "coyotes" (those who illegally transport aliens and then charge exorbitant fees for 9 such transportation) and crimes committed by local residents who prey on the illegal aliens. Because of their fear of any police authority, the aliens usually will not notify the police or emergency personnel until severe conditions exist. At this point, medical attention or police as&stance is often more difficult to obtain because of severe physical terrain and access to the aliens who live in canyons which are unaccessible by automobiles. However, in the last two years, there has been an influx of many more illegal aliens concurrent with a decrease in arable land in the City. There has been an increase in certain types of crimes attributable to illegal aliens. These crimes include burglaries (they steal food, clothing and cash as opposed to merchandise to be re-sold), automobile theft (for re-sale as well as transportation of aliens), and theft of supplies and equipment from construction sites. The Carlsbad Police Department will continue to be impacted by the continued increase in the illegal alien population due to several factors. These include the need for additional police staff (especially bilingual staff) to respond to the large illegal alien population in the City, vhich is not included in the count of residents of Carlsbad. (The population ranges from 3,000 to 10,000 illegal aliens a year, at any given time, depending on the season.) Additionally, it is approximated that 25% to 35% of the jail population in the Vista County jail consists of illegal aliens, many of whom are repeat offenders, thereby causing an additional fiscal and enforcement burden on the City. LOCAL HEALTH IHPACTS Basically, illegal aliens cannot receive Employment Services Bureau benefits but they do receive MEDI-CAL as well as well as protective services or AFDC for their U.S.-born children. They are not eligible to receive MEDI-CAL if they admit they are here in an illegal capacity; hovever, if they state they are here as permanent residents but do not have their documentation on them at that time, then they can be treated while verification of their legal status is obtained. By the time such verification is obtained (usually one to three months), they have been treated and released. Costs associated vith this treatment are incurred directly by the County and indirectly by all residents of the County in the farm of taxes. As illegal aliens become permanent residents, more will be eligible to apply for benefits and probably will apply for medical attention, thereby increasing taxes payable by Carlsbad citizens. (Presumably, these nov legal residents should be paying into the tax base also, though; thereby providing additional revenue for the County to offset the additional costs 10 for providing benefits.) -_ Additionally, it is projected that the former illegal aliens who attain permanent resident status vi11 at some time be joined in this area by other family memb?rs such as spouses, children, and possibly parents. The Immigration Reform Act of 1986 has stipulated that permanent residents must not be wards of the State and therefore must be self-supporting. This would seem to indicate that they vi11 not be a source of increased social services to this group. However, as spouses and children join the new permanent residents here, it is conceivable that some might be eligible, at some time, for some sort of social services, whether it is for foster care, AFDC, MEDI-CAL, etc.. The various programs of the County Department of Social Services are quite numerous and although the Department is attempting to forecast the impact of the Immigration Act of 1986, it will be some time before the projected impact is accurately defined. Presently, their best estimate is the fiscal impact will be between 53.5 million to $7 million. IMPACT OF UNDOCU?lENTED UCIRKERS ON CARLSBAD'S SCHOOLS Children of undocumented vorkers attend Carlsbad schools while their parents work in the fields picking the crops for Carlsbad farmers. The schools have no statistics on the number of children of undocumented vorkers because, by law, the school is prohibited from inquiring into the residency status. Miurant Education Proaram Students of Migrant vorkers qualify for the federally funded Migrant Program if their parents work in agriculture, agricultural activities, or the fishing industry. Once the student qualifies for the Migrant program, he or she is eligible for tutorial and emergency medical assistance for six years, regardless of whether the parent remains in the type of work or not. Children of Migrant workers qualify for the Migrant Program if they have moved at the same time as their parents. Miqrant Children Have Special Needs The impact that children of undocumented workers have on our schools can be summarized by stating that they have "special needs". They require special assistance because of the huge learning gaps that their lifestyle fosters. Some students cannot do basic vork, though other students do fairly well. The transiency factor has caused a lack of continuity in their education and their health problems are compounded by the deplorable living conditions they must endure. Generally, the children of undocumented vorkers require additional services in school. The school has no vay of knoving how many children of 11 undocumented workers do not attend school, because survival takes precedence over education. These children work alongside their parents in the fields. Federal Assistance Federal funding is provided to assist the states with Rigrant students. The program is coordinated nationally through Arkansas for all migrant students. Carlsbad vas allocated approximately $85,000 in 1985-1986 to help Migrant students, including summer school. There is still, hovever, a financial impact on the schools. It is the responsibility of the schools to educate all of the children. For the last 3 years, the number of migrant students enrolled in Migrant Education has remained stable (175- 200). To some degree, the financial impact of the undocumented children of the schools is counterbalanced by the contributions to the local economy. Currently, Carlsbad has over 5,400 students enrolled in the district. Of these students, approximately 200 students are enrolled in the Migrant Education Program. This is 4% of the total 5,019 students enrolled in the Rigrant Program in Orange and San Diego Counties. It is also estimated that approximately 130 Carlsbad students, about 2% of the total enrollment, are undocumented. Jefferson School and Pine School are the most heavily impacted of the five elementary schools in the district where, perhaps, 6% of each student body is undocumented. The financial impact, then, on the Carlsbad Unified School District, as a whole, is relatively negligible. However, since school districts are required to take all students who "show up at the classroom door," any reduction in the federal funding to support Migrant Education Programs vi11 be passed on to the district's general fund unless another source of support can be found. For the most part, migrant children blend into the instructional program as do childr,en vith a variety of other needs. CONCLUSION As ordered by Council Resolution No-8941, the Immigration Study Task Force was created to study and prepare an informational report regarding the impacts of undocumented aliens upon the City of Carlsbad. In order to best achieve this goal, the Task Force decided to hear qualified speakers address INS impacts, Health issues, impacts upon the agricultural community, social service impacts, the alien perspective, civil rights issues, impacts upon our local school system, and the role of the Catholic Community 12 Services in the upcoming legalization process. -_ To enhance their understanding, Task Force members studied a large amount of related documentation, copies of which will be made available in the Reference,;Section of each Carlsbad library. As the speakers addressed the Task Force, additional information surf aced which raised new, yet related, issues. The most pertinent of these issues, in our estimation, however, have been addressed in the body of this report. We realize that our study is limited in scope, limited by time, and by our own expertise. We are hopeful that the members of the Carlsbad City Council will further study the issues raised by the Task Force. We also wish to express our deepest gratitude to those professionals who came and addressed the Immigration Study Task Force. For without their input, none of this would have been possible. -- u. s. BORDER PATROL -* Dale Cozart - Chief Patrol Agent for San Diego Hike Connell - Patrol Agent in Charge of El Cajon Station DEPARTMENT OF HEALTH SERVICES Janet Waltz - Senior Environmental Health Sanitarian AGRICULTURAL PRODUCERS Peter Machauf - General Hanager, Carlsbad Tomato Company DEPARTMENT OF SOCIAL SERVICES Vaughn Jeffery - Executive Director, Department of Social Services THE ALIEN PERSPECTIVE Dr. Rafael Martinez - North County Farm Workers Chaplaincy CIVIL RIGHTS Marco Antonio Rodriguez - Executive Director, Centro De Asuntos Migratorias LOCAL LAW ENFORCEI'IENT Vincent Jimno - Chief of Police, Carlsbad Police Department SCHOOL IMPACTS Maria Gomez - Director, Higrant Education CATHOLIC COMMUNITY SERVICES Mrs. Plank - Director, Immigration and Refugee Resettlement Program