History of Undocumented Immigration Issue

Francisco Hernandez: If I could I would probably walk around because I kind of thrive on the group’s energy. I did do a power point presentation only because my coffee said I need to stay on track because I do.
[Audience laughs] Lady 1 in audience: And then one thing I would like you to say,” this is my coffee’s BFF! So…”
[Speaker 1 and audience laughs] Lady 1 in audience: A few of you may know that because it is free on my inaudible [00:21] but in spite of that…
Lady 1 in audience: …he literally is a good guy.
Francisco Hernandez: and in preparation of the PowerPoint! I asked Mike to give me kind of bullet points of things that you guys would be actually interested in listening to, and that was like 2 days ago and about 7:30 this morning I asked him again. Fine like what is going on. He goes,” oh sorry I forgot so…” he gave me some issues and I would like to touch them as we go: I do not mind interruption—in fact I prefer to be interrupted and talk about what is interesting to you rather than what I think is interesting. Okay? But these are the things that we would like to fit in; the different types of work visas, a lottery system, I do not know why he thinks that is important but if you guys are interested in it.
Francisco Hernandez: What to do when you are encountered with an employee who may not be documented. You know, do you refer him to lawyer or what sort of things to do. How do you maintain confidentiality, how long the process takes; I imagine he means like how long it takes for somebody to become documented or legal; to use the terms loosely! That is an important one; do not let me leave without addressing that because the entire debate hinges on that question! Okay? Not in the words he put them but; what are the employer’s responsibilities in getting a visa and what to do when you terminate an employee whose visa expire or does not have a visa.
And finally, how does somebody’s criminal history effect eligibility for immigration. That is a big one and what my favorite topic is; what immigration reforms should be or should look like! Okay? And you know Mike and I probably have breakfast together about 3 times a week. As I was explaining, it started off as a political breakfast in 1995. It was about 20, 25 young lawyers and professionals and I was running for public office and I had all the money and I had all the endorsements and I had all the cruise control and everything where it went and the week after I lost, it was my coffee and I having breakfast all by ourselves!
Francisco Hernandez: And of course he said he did not wanted to come to this because he said; we have been having breakfasts for about 20 years about 3 times a week, he has heard it all!
Francisco Hernandez: And he has! But he has got a good listening ear. In fact, he is the one help me come up with my, I guess mission or logo or slogan! He came with and did an HR meeting with our staffs who were…there was a lot of in fighting in office politics and bickering in different lawyers and loyalties and things like that and he did a great job in getting everybody together. He talked about,” what is a bottom line, what we do!” you know, he made the list and you know all the presentation, all the facilitator type stuff and I thought it was crazy and I thought; ok you can do it but I am going to go and have lunch in my office.
Francisco Hernandez: But he developed and developed it and eventually it came together to our whole office; what is it that we do? What gets us excited? What is it that is important to our practice? And he came up with—I took out some of the letters, but he said,” the passion advocacy of the immigrant population and we are still fighting over if there should be a community or not; immigrant community.
I call this “immigrant human resources”! When we talk HR you know off, we just say HR, we forget what the term really means, it is Human Resources! Human resources are humans. Your employees and you are charged with administering their benefits their hiring their firing but… and to take it, I guess we could call it a…this ‘the illegal hour’ right? The illegal immigrant resources!
Francisco Hernandez: If you guys have you IPhones or your IPads or anything, if you all could; this is my website, if you all could click on it, and I would tell you why in just a few seconds. Okay?
And once you got it up there, if you all put it on, I could go on to the next slide so I do not drag it out but I am going to tell you why this is important. Most of everybody clicking on or click on, when you click on just stay on it for a little bit, it does not matter the page, does not matter anything. Okay!
Right now, you are marketing me! Okay, under Google, one of the things on Google is: how many people click on your website!
[Audience laughs] Francisco Hernandez: Ok. And it bumps you up!
Francisco Hernandez: So I have got about 60 so do not worry just click it on okay? And I would tell you because; in the immigrant community Facebook has just gotten nuts! Ok? That is my second source of new business, it is Facebook and intertwined with my website! If you Google from, I have tested it from 5 different countries, if you Google, “criminal immigration lawyer Fort worth” I am number 1. No matter where you search it. Ok? There is the advertisement, nobody loves it though! But organic, nobody gets near me! Why? Because I have got tons and tons of people clicking on me. Okay? And really, we are looking at the immigrant population going tech and they are very loyal to the tech devices or mediums that they pick. They are just now starting to pick up on the Snapchat and Whatsapp but Facebook is the driving—you might remember that the founder of Facebook gave like 5 million dollars to…for legal services for the dreamers for the deferred action students. I was surprised last meeting; people did not know DACA with deferred action was. If you all do not know Rajianca, it is real important to you guys ok? Especially with the new administration, and what deferred action means. Ok, now I am sure they told you, Mike told you that I appear on fox news quite regularly and get beat up on…
Francisco Hernandez: And the funny thing about…on Google when you get searched it is a popularity contest but it does not matter if people hate you!
[Audience laughs] Francisco Hernandez: So all these people throughout the country they hate me they are taking the time to pull up my email and email me within 30 seconds of me being on the fox news segment and it keeps pumping me up on Google.
Francisco Hernandez: Because being hated is just as good as being liked, you just have to be popular.
Francisco Hernandez: And I am going to ask… I am showing you these not to brag them; I am going to ask you a question here in a second, okay? And this is when I went down to the board to do a show with Sean Hannity and I did put it into a caption but I gave him a pair of lady’s boots! And I got him a great pitch then I said,” they even did not gave me a pair of boots!” but [inaudible] with Governor Perry
[Audience laughs] Francisco Hernandez: And then he shouted me out like,” Francisco Hernandez thank you for the wonderful boots, they are amazing!” it made my social media just lit up! Ok?
Francisco Hernandez: And…so people think you know, we would be natural enemies! He actually is a really nice guy. Off air, I mean it is a show right? If I do not like it I do not have to go on. But he is really nice guy.
Ok, first the boring stuff. Okay? Like Mike said, you know, you are most likely unless it is a manual labor intensive business that you are in…everybody talks about the H1B visas. Nobody knows what they are, how they work, it is temporary worker visas and how do they work as in for businesses and you know, most of them, really there is only 60,000 visas awarded every year, for the entire country! Okay? And the big players have them locked in. okay? The big players use them up, there is really nothing left, after they—and once you are in the system and once you can get into system they get renewed but it is really hard for medium sized or a small player to get in. And most of them have to be, you know for bachelor’s degree for a-you cannot really get, you cannot get H1B for, you know roofers, for construction workers or for anything like that. You can recruit, and you know Acme Brick did it quite effectively for years and years and years. You all are familiar with how Acme Brick does temporary work visas. They go down to Mexico, they would go down to Mexico and they recruit, they advertise here for these jobs, and if they can show the labor department that, that they, that citizens are not filling these jobs then they can go recruit! Okay? And then there is [inaudible] to movie recording us.
So these are all business visas, you know this is really not accessible to the masses. Okay? It is a great way to begin conversation because I think this is where the end of my presentation goes is to what the common solution to the immigration issue is? Okay? When you saw that statement about the guy hating me, tell me why is immigration issue so controversial? What do you all think? Just throw out terms or phrases, what are your thoughts? Why is this so, such a hot topic? Did somebody would take the time to look me up, email me and tell me that I am a vile vermin?
Francisco Hernandez: Like why is it so high, why does it so matter? It does not matter; you do not have to agree with me. In fact I would thrive on if you disagree with me! That is why I go on Fox News!
Lady 1 in audience: That they think they are taking our jobs.
Francisco Hernandez: Ok. They think they are taking the jobs, what else? That is a good one. What else?
Lady 1 in audience: They are breaking the law.
Francisco Hernandez: They are breaking the law! What else?
Lady 1 in audience: They do not pay tax. They do not…
Francisco Hernandez: They do not pay taxes.
Lady 1 in audience: Pay the same…
Francisco Hernandez: What else?
Lady 2 in Audience: Taking advantage of the hospitals and medical systems!
Francisco Hernandez: Ok, what else? Schools! School systems also what else?
Man 1 in Audience: Coach our language.
Francisco Hernandez: Yeah, that is… yeah that is a big one! [Sarcastic tone] Man 1 in Audience: Big one!
Francisco Hernandez: Yeah!
[Audience laughs] Francisco Hernandez: You know, and I do not disagree with it. You know, why cannot they speak English and I jump on my, you know, when I looked it for Mexico dad just put us in, there was no yes or, he just threw us in there and I flunked everything.
[Audience laughs] Francisco Hernandez: Now the next year, you know, yeah, cool, then learning really in about 2 months, when you are kid, I mean 15 years or younger it is a spunk, you pick it up, but you know at the end you know, you know there are some things we got to give in on, ok! You know, my dad made us keep Spanish and, when I rebelled against Spanish, he booked me in a one way bus to get second class, with chickens and goats to spend a summer with my Nazis aunt in Mexico!
[Audience laughs] Francisco Hernandez: You know you cannot leave your bedroom till the beds have been made and inspected, right?
Francisco Hernandez: So you know, 6 weeks later I was like,” dad I got Spanish! I got them!”
[Audience laughs] Francisco Hernandez: I am not Frewin, I am Francisco!
Francisco Hernandez: But yeah, and speaking it. So, you know there are issues, there are… when you see these folks they are so mad, when you really dig into it and I befriended some of them! And one of my biggest soul mates, a former marine who I am telling you sent me an email so vile, he wanted to boil my family in the oil and just send us to hell!
And he is not, I mean, when my mother passed away his mother called me and said,” I would like to be your mother. I would like to take your mothers place!” it was that sweet and he is like one of my soul mates, a former marine, you know hard, I mean, just…you know what you would think is the… I mean he drives a car, he is paying General Lee.
[Audience laughs] Francisco Hernandez: I swear to you, he drives a general lee,
Francisco Hernandez: And he lives in Austin, and he was real mad, but I… you know, he end up digging digging and we eventually we…he eventually referred me the biggest case of my career, my super bowl. I mean, my biggest case, my biggest victory of my career till I die. Okay, and then he said, “I am going to call B.S on you Francisco” and he did say the whole thing that…
Francisco Hernandez: You know, “my former marine buddies are not going to hire you to take this case on!” but when I finally dug in you know it was about jobs. He lost a $150,000/year job and he had come to believe that it was because: all these immigrants were taking his jobs; they get a $150,000 job.
Francisco Hernandez: But he was just so mad and you know he could not find a job; he could not make it past the interview. After we dig in, well, turns out he went through a real bad divorce and that he had been arrested for domestic violence and he had been smart enough to have video tapped his ex, beating herself up!
Francisco Hernandez: He had her on video! Okay? So when he went to jail, he said, “no no” he finally showed them ok, so they let him go. But they had already booked him in, he had the arrest on his record, he did not even know you could get an expunction. So he was being denied entry, you know he lost his job because they ran a background search. A lot of your employees do not even know what an expunction is or they are eligible for it; they may not even know there is something on the record. But if you talk to Mike, it is so hard to find out where they got that information, right? For denying you the job and so once I explained to him, “of course we expunge it” took care of everything. He has got a great job now, he is a building super- intendant for a home builder down in Austin and he is a great friend of mine.
So you know, taxes…I would you know, I certainly debated, I disagree, I do believe they pay taxes, I believe they pay more taxes! You know that you guys are familiar with the surcharges for driver license; you have employees who lose their driver license over tickets, right? So, few years ago, by executive order Governor Perry issued an order that; it is under law we could give undocumented entrants their driver’s license if they meet certain requirements, but by executive order we do not!
Okay? So then they get their license suspended for getting tickets for no driver’s license, okay? So then they get these surcharges for reinstatement of a license or privilege that they do not have. I did an open record request 10 years ago just on DWI’s for people that do not have a driver’s license. They were paying the surcharges; the state was receiving $50 million/year! That was an open record request, it was for people who did have driver’s license, who were paying or had paid surcharges! That is just DWI’s, you know the book is on the tickets, ok? A lot of you do have manual labor. I got 2 great consulting requests from 2 companies that were here when I spoke a couple of years ago and these issues are where are they…we cannot you know, or we found out a foreman lost his driver’s license and cannot get it back. And but, you know, what do we do?
Those are issues that, you know, you do not even know to ask about! And you just go; you know you do not have a driver’s license! Well, maybe they can get them back and get them away. So… see I go off track. Anyway…
[Audience laughs] Francisco Hernandez: …you know, the schools where property taxes base system, if they pay rent they are paying the taxes through the landlord the tax were being paid. Okay? They are paying for the schools. Ok? Period. I did take offense to this, you know, day without a Mexican march and I went out on Facebook and I went out on, and I said it on National News and Fox News: that is the most ridiculous thing that immigration activists can do; is tell people not to go to work!
Francisco Hernandez: I mean that is why we came here; it was to work, right? Now we are going to protest by not working or sending our kids to school. That is what they want! Right? And this is where I get real preachy with my clients, I say: listen guys! Tell me another country, any country in the world? Germany? Any prosperous country, Okay? Where people die trying to get to it to work! Now in Syria, they are fleeing, okay? They are not, you know they are not dying to get through; they are dying to get out! Okay but another country where you hear people under a train hanging on for 8 hours, just so they can get to Corpus Christi so that they can come over here and work, Okay. And it is not a crime, people think it is a crime, it is a… did you know that if you swim across the river, if I go down there and I swim in to United States I am committing the same violation that these folks are because we are required to enter in a designated point of entrance. It is the exact same violation; entry without an inspection! It is when people get deported formally as result of criminal offenses or certain more serious things that they have come in, it is a federal criminal offense!
But that is such a mini scale number, ok? Now here is some, some funny, that I… you know, I tell my clients,” This guy is not falling” everybody is scared! Okay? I just think that Donald Trump is wanting to make me rich because he is sending everybody to my office!
[Audience laughs] Francisco Hernandez: But this guy is not falling, okay? There is nothing going on under Trump that was not going on under Obama. Now Obama did two three really good things, but you know, Congress has not acted at all on immigration! Trump has not done anything on immigration except the media; the Spanish speaking media is thriving on it because of, rabies! So they got everybody scared! But you know what, President Obama, reportedly deported 2.5 million people, during his presidency. Okay? We all know that 2.4 already came back!
[Audience laughs] Francisco Hernandez: And it goes to my speech. Now 0.4 of those 2.4 they came back for 2, 3, 4 5 times. Okay? So it is not a real number. Okay? But, we have to keep it in context that it is an economic, it is a job issue, it is a Human Resource issue, it is not a political issue. It is just that we refuse to let it out of the economic issue. How did we get here, there are so many people that are coming here, are they going to…now this, now like this slide, talks about the jobs held by immigrants and you can tell it is by regions, right? And that east coast offers developers, you know then, housekeepers, janitors. Texas housekeepers out of surprise, I thought we had formed…you know, California is agricultural, you know of course, is this Nebraska you are butchers, imagine that! You know Home health aids, cooks, New Orleans, yeah? Ok! So you know these are by large manual labor! Ok? And the question is, the issue is: would U.S citizens take these jobs? Okay? I do not believe they do! I could be wrong, I could be wrong and you know in some respects but these are hard jobs. I am not getting up on the roof!
Lady 3 in audience: Well I have a question!
Francisco Hernandez: Yeah!
Lady 3 in audience: So when they say college teachers, are you talking about documented or undocumented?
Francisco Hernandez: Both! On everything!
Lady 3 in audience: Everything?
Francisco Hernandez: Everything.
Lady 3 in audience: All of that?
Francisco Hernandez: Yeah! Yeah I do not think we have any software developers jump in the river.
Lady 3 in audience: Well I would…
[Audience laughs] Lady 3 in audience: So I just was not making any point?
Francisco Hernandez: No no it is a good point and this chart reminded me of the joke, it would be a little bit insensitive in talking but I can say because I am Mexican. Ok?
[Audience laughs] Francisco Hernandez: You know the coast guard runs across this raft over here in the gulf of Mexico and heading North and they are like 3 and you know just paddling and they are like,” hey! You know you are just stranded, well you know we will save you!” “ no no no you do not have to save me no no” “save him” “what are you all doing?” he is like,” well you know…we are invading America!”
[Audience laughs] Francisco Hernandez: You know and they are all paddling you know in the little raft and they are like,” you are invading America” everybody is laughing,” the 3 of you?” and they said,” NO WE ARE THE LAST ONES!”
[Audience laughs] Francisco Hernandez: Ok, but we started. Yes?
Lady 4 in audience: so, it seems like when we talk about immigrants of odd, it always, like assumptions are always that it is from Mexico or Mexican but you know, like that map that is not just Mexican immigrants!
Francisco Hernandez: Lots of Canadians!
Francisco Hernandez: All the comedians are Canadians right?
Francisco Hernandez: Seriously! You are right! They are from all over the country except we see it more because it is easier to deport and we see more in and out of Mexico. As you noted I had an executive…I do not know…when they had City Financial, a very high level person in I guess the south west region you know, I mean he would go to New York for the meetings, ok? And his visa had expired before he had the job at the City Bank but in the transition nobody noticed. When they checked him, the visa was good, so he was hired. And he was a top level executive; he was being blackmailed by lady from his church. And it had him scared, the guy and his wife were just, I mean the guy was probably making I do not know million a year. He got petrified that woman was going to turn him over to immigration and get him and his family deported because he was a… and nobody see but Bank do! Because we… have all… fixed at all sense, you know…but…
And what did we do, I do have another really really good friend who is an ICE agent, just retired this year but just one of the finest human beings. These Agents, the ICE agents, they are really good people, ok? They are not evil, they are not jack looted thugs, they are big hearted people, they are very good at their jobs. They do not need local authorities’ assistance! Ok?
[Audience laughs] Francisco Hernandez: And I will get to sanctuary cities. But what my friend did is, you know he just, he is like,” give me her number” and he called her up and you know without being too forceful on the phone, you know he said,” well you understand it is a federal law offense to blackmailing based on immigration status” and it fixed the deal. But to them the end of the world was fixed with one phone call from a friendly ICE agent! You got it? So what do we start, you know, Mexico once independence from Spain and once Spain conquered Mexico they made all the Mexicans, slaves, Right? Now the result out of the Mexican independence was what? Somebody tell me?
The reason that the Mexican independence was fought in and funded, large part by United States; Slavery! The Mexican independence caused the evolution of slavery in Mexico! Ok? Now Spain when they ruled Mexico, very you know focused on here and fighting French over for this. But all this is, you know it is all dessert, baron and the Spanish government, the Spanish rulers encouraged severe migration, immigration into Texas and to Northern territories of the Mexico. They said, “come on down” because who would want to live there. Alright there is all dessert and there is Indians and it is dangerous and it is hot. And how are you going to get there in first place? So they gave incentives for settlers to come and expand into the Northern parts of Mexico. But then, the independence and the Spanish got kicked out! Ok?
So that was in 1821. This is when it started, after the revolution, then Torita, the revolution had declared himself emperor and then Santa Anna came in over through and killed him and became the, I guess their facto-emperor of Mexico, that he just called himself President! So, here we go, then Santa Anna bay in slavery, ok? And then they started looking north! They started talking about you know, we have been taught and this is one the things I flunked in Texas History at the end of 7th grade, now this manifests destiny!
Lady in audience: Yes!
Francisco Hernandez: You know, and come and take it. Ok? Texas wanted independence from Mexico because Mexico said: what are you doing still with slaves? Now we have the African slaves! Okay? And Texas all of a sudden said: well wait a minute; you know we want to be independent. God intended for us to be a, our own country. Tension continues to rise, more anglers moved in Texas. Here is that language then!
Francisco Hernandez: Right? And the Mexicans you know objected to people speaking English in Texas! And you know biggest issue is slavery. They brought their own slaves with them. This was common, the Texas Rangers slaughtered, shot, thousands of Mexicans during the revolution and just after the revolution. That is just the way it was! Here is a picture of….
Now the settlers or somebody smart discovered that you can grow cotton in the dessert areas in Texas, Right? But it is not profitable unless you get cheaper labor, Right? Just like we do, you know cannot put roofs up, cannot put concrete, cannot do things without cheap labor. Since Mexico about us say and they were really not slaves because there were not too many people up here anyway, the Mexican slaves, so this caused a big issue in Mexico because how could we allow all these Langerhans all these Anglo speaking English still keeping slaver? And of course, Mexico became fearful that United States in need of expansion of territory would invade Mexico and, we did!
[Audience laughs] Francisco Hernandez: We did! And we, you know, we invaded Mexico and we took that whole territory Santa Anna, I guess see this, so you would not be killed, you know Texas and New Mexico were initially the same state, the reason it was split up is because New Mexico was to be a non-slave state and Texas was to be a slave state.
Okay! I want to skip all these things about how the war, LBJ’s war on poverty increased, I will just mention passing, increased the standard of living for many people who did the manual labor historically in the United States. This was in the 60’s, so by the 70’s, there was this void, was this vacuum for manual labor, for skilled manual labor, for you know, for outside jobs. So we get to, you know the Ron Reagan, he saw his way through the republican party he would not even make it into the primary today, would he?
Lady in Audience: Tomorrow [sarcastic laugh] Francisco Hernandez: No, that is liberal; they would say he is liberal! So in 1987, we passed the amnesty, and it became a mess! We just said; if you have been here this long, if you can prove you have been this long, you get to stay and then we said; but it is only the person that has been here, but then there were lawsuits, thank God for the lawyers!
Francisco Hernandez: And then they ended up, being able to bring their families, because they called it family unification or reunification. But really created a TONN OF FRAUD, ok? We are our own worst enemies because then people were buying employment letters from employers, okay? Because up until 1987, it was it was not illegal to, it was not against the law to employ undocumented workers. Up until the 1986-87 Simpson was the only law, it was not illegal to employ and undocumented labor. That is what the amnesty did, we are going to legalize the people that can prove and after this, and since it was illegal to admit you have been employing undocumented labor so they were just buying letters and there was all this fraud of people that may have been 6 months and if kind of anybody realized it they have been at starting building resentment and you know what, I can understand it. Yeah!
That is when people really, to use the phrase; jumped to the front of the line. But again this is all because we have that vacuum of; a need for manual labor and these jobs to be filled! So that was in ‘87, and it kind of up root and it all got settled later around about early to mid-1990’s. Ok? And the democrats supported the amnesty at the time because they really believed, and I am not taking either side ok? There are no friends or enemies they are both foe and friends on both sides in an immigration issue. Because they really believe that if you legalize these folks they are going to become citizens and go become Democratic Party voters! And boy! That was just the biggest, if they really believe that, they were idiots! But it was really just a lot to get it passed the unions who oppose the immigration reform on the democratic sides. Ok? And that side pass, you know, and I still get people that have now become citizens they have had their green cards since the amnesty. I mean like a lot, a lot of them! They just, they did not really even have an interest in becoming the citizens. And I think that is just ridiculous! I mean how would you just give up the guaranteed lottery ticket to the promise land where people die trying to get to, Right? I mean tell me another country that has “Press 2 for Spanish”?
[Audience laughs] Francisco Hernandez: I mean we accommodate so much, we are the land of; it is easier to give forgiveness than permission, let us just admit it. And once we get it here, you know, we would risk our lives walk for 10 days in the dessert! And we get here and we are like” how would that Anglo speak Spanish! I could not push 2”
Francisco Hernandez: Oh I am telling, I jump on my people just as much! Ok? Because, and, you know, several tell me,” yes we become complacent! We become complacent and we become to expect rights” there are no rights at immigration, there are only opportunities to work! As long as we keep friends and debate his rights or they were victims, we are going to lose. Ok? It has to be earned opportunity to work. So, that was just, ended up being nothing. And we get Ross Perot.
[Audience laughs] Francisco Hernandez: Ok? But Ross Perot was right but he did not realize why he was right!
Francisco Hernandez: Ok? And he opposed NAFTA because he say,” you are going to hear that suckered sound right off the jobs going to Mexico”. NAFTA in large part caused our immigration problem today! Ok? Now, this is me, smart? Ok? But you all invited me.
Francisco Hernandez: Ok? Because what happened, this is the funny part, ok. What happened was you got the jolly green giant all of the sudden in Wal-Mart could put, you know the staple agricultural crops in Mexico was corn. Right now the jolly green giant in Wal-Mart put it on the shelf cheaper than the farmer can grow it, before he even takes it to the market. Ok? So all of a sudden, oh and in 1990 Carlo Selene Gortari biggest crook in Mexican presidential history, changed the land where it used to be share cropping and communal lands owned by the… and families…generations would live on this ranch and receive the profits from the crops, they changed it to privatized it, a very large part of it. So all of a sudden, that was in 1989, when they changed that but in 1994 here we come with NAFTA. So all of a sudden they come in with no tariffs and they can put it on the shelf in front of the United States cheaper than they can grow it. So then these Mexican’s got to hear this that they did not even have a share crop product anymore, he has just got a pile of dirt. So what is he got to do? Head north young man! Head north! Not going to head south! Ok?
And the undocumented immigration culture and it was a culture, before 9-11, it really was the Coyote that smuggler their certain micro regions in Mexico, they are very well identified where there is only elderly people and women. Because as soon as they come of age, young men would say,” I am going to go find my fortune” and the mother would deliver her son to these smuggler who was a man of the community but trusted because he had done it so many times and he was the guy who would show him how to do it and help him find a place to live! You know, and it would cost like $1500 to get your son up here and then the son would start sending the money to Mexico. Ok? Now NAFTA was sold as the vehicle where Mexico would create and make the middle class larger enough to where they would not have to immigrate to United States. But they did not address immigration at all in NAFTA. They did not address the labor or immigration. Because they were the two hottest topics! Ok? Now what did not happen out of NAFTA was this… yeah this, I like this one!
Francisco Hernandez: This is what happened! Jolly green giant was just competing with them. Now here it is the biggest by product of NAFTA. Do you all know who he is? Carlos Slim, the richest man in the world! Now I am telling you this from the inside and it is a fact, ok? Because I was in-house corporate counsel for south western belt! At the time I was the youngest lawyer they had ever hired, it was…I got hired in 1993. And just before while NAFTA was being deviated and Mexico was privatizing, everything under Carlos Selene Kotare, they decided to privatize TEL-MIX the telephone company! And south western belt, now ATMT went down to, was one of the bidders to buy TEL-MIX and they were told that; yes! Great! We will take you bid. We will accept it, you can negotiate it, but you need a Mexican partner. Now who do the Mexican partner become? No experience in telecommunication, never other than dialing a phone, never touched the phone wire in his life; is Carlos Slim!
All of a sudden he has got, I cannot remember the percentage, but I figured out with the number of lines in Mexico that existed, his share was…do not hold me to this but it was like 20 million dollars a month.
Lady in Audience: *whispers* My God.
Francisco Hernandez: On subscriber lines. Ok? And Mexico was just dying to take phones; it would take two and a half years to get phone lines in Mexico. The only reason my grandmother got one was because I got a job in there!
[Audience laughs] Francisco Hernandez: So they put a whole pole just for her! {Spanish phrase} so then he took that money and started buying up cellphones because it is too expensive leak fraud the technology from open copper all the way to fiber optic which was the move, Right? So, you know the infrastructure, makes of a phone infrastructure is still 30 years behind! 30 years behind! Because it is too expensive if you go straight to wireless! All you got to do is put towers everywhere! Ok? So then he bought TELCELL in Mexico and ALAMS Chilean Cellphone Company. So, having no knowledge no experience other than a political connection we make, United States make…we were complicit in it, we authorized it! You know department of Commerce, the NR trust. We approved it! We created the richest man in the world and the poorest people in Mexico.
Then we get to 1996, so Bill Clinton did running for reelection. Ok? Immigration is again a hot issue because, you know at this time the effects of NAFTA had started to feel. So he pushes and this is the worse immigration reform ever done in the United States. Ok? The worst immigration issue! He did it exclusively to get re-elected. Ok? Absolutely! It was pandering, it was hypocritical, it was just as bad as Donald Trump is doing with the wall. Ok? But what he did is one of the things he said, you know; if you are permanent resident, if you are here legally, you can apply for any government benefits like AFDC like food stamps things like that. And it passed! And the week after it passed by the executive order, he reinstates the benefits. Ok? The biggest thing that happened out of this and is what I believe is causing all the resentment today. Ok? Before then if somebody was convicted of certain offenses, major or minor, under federal law there is no felony or misdemeanor really, everything is measured by sentences. Ok? And here under Texas law if you get a deferred adjudication as you know you get and order non-disclosure non expulsion… I am sure Mike has taught you all on that, or you know heard him rant up about it, but there were all these offenses some serious some you know I do not know, possession of marijuana, shoplifting, as a seventeen year old. Anyway a lot of these offenses…well anything that was deferred adjudication became retroactively deportable! Ok? Can you feel it now? A lot of these people became residents after the amnesty, got their jobs, had their jobs, ok? Working, otherwise complying with their sentences! In 1996, immigration and board of patrol came in and cleaned up prisons, jails, probation departments and deported thousands and thousands and thousands. And biggest one of controversies was; driver once intoxicated felony offense the 3rd DWI! People were on their probation, got deported!
Because under the law the car was considered deadly weapon so immigration said; 3rd DWI is a crime involving a deadly weapon! Ok? Then they all these thousands of people but then, went all the way up to the 5th circuit supreme court and they decided that, “ no! the car is not deadly weapon!” so immigration decides,” we do not have to listen to the 5th circuit” so the supreme court said,” yes you do!” so they stop deporting for DWIs. They said,” no they should not have deported them in the first place!” but what happened to all these people that got deported. Ok? And for your purposes; what happened to all the social security taxes they were paying? Because as soon as they were convicted and deported they lose the right to claim the… there is I believe in 2000 was a 600 billion dollar suspense fund in the social security system that is not connected to anyone and that is when they talk about the lockbox on social security! Congress would love to get them and they use it to prop up the deficit. But they cannot use the money. And so that is what that controversy is; all this money I have been guessing is probably, you know I do not know a trillion by now if it was 600 billion 15 years ago. That is just growing and growing and they do not have anybody to connect it to it was either undocumented labor, or it was deported labor. So all these people were working… I would step it up if I…
Lady in Audience: [Inaudible] Francisco Hernandez: Are you sure? Ok! So all these people got deported so what happened like happened with the 2.4 million people that Obama deported. THEY CAME BACK!
[Audience laughs] Francisco Hernandez: Right? A lot of them have gone to prison because they did not comply to… all that! Ok, but they had their families, they had their jobs, they had their homes, they had their roots here, Right? It was not a criminal or a political issue, the jobs were here! Their employers hired them right back! So then you start creating you know, then more people come, and they start creating this criminal element. So now, somebody goes to jail. In 1996, the immigration holds, they were so controversial. It basically says; if somebody is here and they are not a citizen, we will give you this piece of paper, if you are going to release them, ok? You got to give us 48 hours to come get this person. And decide whether we want to take this person or not!
The deal in San Francisco about the woman who was killed…ok, yeah! The guy should have been deported, he should have been in Federal Prison, he had come back so many times! But it was not San Francisco declared itself as ‘Sanctuary City’ every single day of every single week of every single month of the year, federal government goes into the prison and takes people out of there and goes prosecutes them in the Federal system, every single day! The Federal Government does not need a city to help them, nor did they want the city to help them. Few years ago, you might remember the Irving was picking up ‘Dick and Harry’ every inspection sticker and turned them over in immigration where immigration came back and said; hey yo chill!
Francisco Hernandez: We do not have enough buses. Ok? And all these people kept coming back because that is where their families were, that is where their jobs were, ok? Not one offended, there happened a 87 day eliminated agricultural workers and the temporary worker permits. Because they had solved the issue, people were here, got to stay, then we made it against the law to employ undocumented, nobody is going to hire because now it is against the law. So the problem is fixed. Ok? But all these people kept coming. So what happened in San Francisco is; ok, he was in Los Angeles under a drug offense and he had a minor, kind of very minor situation in San Francisco. Immigration did not pick him up from L.A. ICE did not pick up… they knew he was there because he had the immigration hold! Instead, they let him get transferred to San Francisco, because he had the immigration hold in San Francisco! Because they deported so many, they said, you know; well we are going to stop picking them up out of jails, we just pick them up when they are done.
San Francisco said; when the guy finished this, whatever the sentence is, they are waiting! The law says they do not get them within 48 working hours, you got to let them go! Got to let them go! Ok? And so they get in a, and horrible tragedy happened, ok? This is a statement is continue to make on every Fox show; there is no such thing as a sanctuary city! It is a political phantom! Everybody is scared of it, nobody can see it, nobody can touch it. It does not exist! Anybody that proclaims itself a sanctuary city or passes any ordinance or any law or any regulation is preempted by federal law! That is basic constitution! That is basic federal law! There is no such thing! It is a political phantom! Ok? And we are getting played to the fullest because we keep going back about these… I mean really, can anybody or somebody rapes a kid, you know they got deported or they got to get deported. Ok! Sorry! I cannot! Alright dude! You know that is kind of one of the requirements. Ok, then 9-11 comes along, what we did is we did secure the border, but the problem is; we locked everybody in!
So it ended this culture of coming up and then going back…there used to be, when we go to Mexico on Christmas and the little towns around, they have got these like 50 trucks lined up! Pickup trucks! I mean suited up like piñatas, you know with all the bells and whistles and…
Francisco Hernandez: …the mother Mary’s son, the glass in the back because at the midnight Mass the priests will come out and bless the pickup trucks for the guys that were going to back and work. Ok? So I know people who have not seen their parents in 20 years.
Lady in audience: [Inaudible] Francisco Hernandez: No, since 9-11! Because we effectively locked them in! So what now, ok, we locked them in, you know the statement about, build the wall, throw them out, dig deeper holes. So we keep talking about reform. George Bush tried, President George Bush tried with Republican Congress and Democratic Congress. They got all the way to conference, the final step on an agreed bill, ok? And the democrats killed it on temporary worker visas! They did not want temporary work that is the issue that the Bush immigration reform died in conference committee because of temporary worker visas. President Obama blew us capital on healthcare so he had nothing left to due on immigration. He wanted to, he did deferred action which what I thought… they say he did not had the executive power well, my theory is that President Trump did not revoke President Obama’s executive orders because, if he did not have the executive power to execute that order then it is an invalid order, right? The moment that he revokes that order he is getting in legitimacy. He is saying it was a valid order around otherwise how can you revoke, unless it was valid order.
Ok, so that is why you cannot touch it but I think is going to do like; can you all stop bugging me about those cases, just give them a green card or send them whatever you want ,ok? And then without changing the law, all those kids are going to be able to get their parents, their papers! Ok? Let us not say it was reverse amnesty, but that is ok!
[Audience laughs] Francisco Hernandez: Then you hear Trump” oh my God” you know, but you know what, I just want him to do something! Because whatever they do, good bad or ugly, it is going to be more than what we have! We have been instilling for 17 years, right? Yes push congress, but congress wished the wall! What happened? You know on show Hengan said… he told me; well Francisco you know we are building the wall first, right? I mean you have come around… yeah yeah yeah. He goes what changed your mind? Well Mr. Hannity because to build it well, we are going to have to legalize 100,000 Mexicans because that is a damn good start!
[Audience laughs] Francisco Hernandez: And then I said; yes Mr. Hannity, it is ok I am Mexican I can say that! If you really listen, ok, he is really a New York liberal! Ok? He is not this right wing; he is a New York liberal! But listen to what he says when immigration, everybody complains why cannot they get in line and apply like everybody else? This is what I was coming back to. There is no line. Ok? There is no method by which these folks can apply to come in to all those jobs, all over the country. Ok? It does not exist, but if you look at his 10 point plan, this is not exactly what, I mean; build a wall! Got it! Yeah! We tried under, but after 9-11 if you all remember it fell down. It went to six billion and we canceled it. And catch and release, yeah ok! House them somewhere but ok! Zero tolerance for communities, argh, who would really be king of the jack? Block funding for sanctuary cities. There is no such thing as sanctuary cities! Ok? There are cities who apply for grant money from the Federal Government to do immigration training, ok? And like Arlington city, Arlington is one of those, and it is an immigration jail! And they give money for it. Ok? But there is the funding for sanctuaries so I give them that one too!
Reverse Obama executive orders on immigration; well I just thought you were on deferred action and the one for the parents is on the injunction and it is going to get resolved but… well we know what happen on the adequate screen rights? On the middle eastern! This is tuff! Ensure the countries taking deportees back! Ok? The promise we keep getting incentives for people to come here illegally. Cubans, right? If you can float on an inner tube and make it, just put a foot on Miami, you get to stay! You get a green card! Automatically, you get it! You just have to fill, you do not even need a lawyer, you fill out one page; I am Cuban! You get it! Ok? Handlers years ago, under the mud slides, which I well I know, if you happen to make across the border, we are going to give you temporary protective status! So, what is the message that we are sending? Come here illegally, Right? We pass a bill, a law that says you know children of, human trafficking I get it, so the Cartels, after we are not in our home, what we really did is turn over the people smuggling business to the Cartels!
Now it is a $6K-$8K to come over here and it is still dangerous, you may not make it! They still kidnap you! So the only ones smuggling people now are the Cartels. It is less risky and easier than moving drugs. The good moves itself, Right? You do not have to move it! And if you get caught the punishment is a fraction of what it is for the drugs! Alright, so, Vietnam does not take our criminal aliens! We cannot deport to Vietnam, we cannot deport to Cuba, we cannot deport to a bunch of countries! Because the government would not take them back! So how are we going to make them take them back? By, I do not know, turn off the jobs I do not know, there is but if you listen to what he says, he is just; I want to create a system where these people can apply in line, get in line, and get here!
Francisco Hernandez: Right? Ok! We come back to the solution guys! And neither side wants to admit it is; in ‘87 they did not become citizens, right? They just wanted to work. If we just can agree, that is the common ground is; let us just do temporary worker visas for the people and figure out what to do with ones that are here! I do not know what we are going to do with all the people who got deported! If you got deported and you come back you have a lifetime bar on ever applying, ok? Oh I know their big fallacy is ‘anchor babies’ of this 14th amendment; if you crossed illegally and had a baby, as soon as you cross the river, you cannot apply. Ok? It is only if you came here legally! So what you do, is you get people that get their tour visas, the one that can get a tour visas, they come and they over stay! We got a country; it is easier to get forgiveness than permission! Ok? As long as you cross legally and you have a child and the child turns 21 years old, then you can apply to be here legally.
So what are the Chinese doing? All these wealthy… there is a whole cottage industry of hosting wealthy Chinese woman they fly them in here, they are pregnant already, and they host them in hotels and luxury deals, and they are having their babies here and then they go back to China! Oh the New Mexico deal! They started film industry! So the Chinese they go to Chinese or rich Mexicans, they want to buy their green card and they invest in these movies! Ok? And they are making movies like ‘Lone Ranger’ ok? And if you can show that you invested in that movie, you get your green card automatically! You know those Chinese; they do not care if they lose a $500,000, if they get a return on it, even better! But that is what we are doing now! We are giving incentives to do what we hate! We hate things ‘anchor baby’ concept, but if you got $500,000, come on! Ok? And this is my message; a human being cannot be illegal! Ok? We can get mad about everything, we can do what we do, but it is really about jobs, you guys are going to have to deal with these issues; people get deported, child support garnishes right? Social security! What you do with pensions? What you do with the last check before the person got deported? What are you supposed to do with it?
Lady in Audience: What do you do with it?
Francisco Hernandez: I do not know!
[Everyone laughs] Francisco Hernandez: Well you know, the pensions, you know you could do power of attorneys! There are simple things, the person if they are in Mexico, they can do a power of attorney, you know, there are so many hoops to jump through for anybody to get to anybody’s pensions, it is a mess! Child support! I mean a guy gets deported, comes back a year later, he is a year behind on the child support, there is already contempt proceeding, and sometimes but not often, but sometimes a warrant already outstanding for arrest for failure to pay child support! Because before, it was being taken out of the paycheck! Even when he was here undocumented! Ok? So, I think…yeah that is it! I appreciate your time and I hope i…anybody have any questions? Within time, alright!
Lady in Audience: Well I have a question…
Francisco Hernandez: They are hungry!
Lady in Audience: so you have… yeah, 3 minutes, but so somebody has given you I9 documentation and that was all O.K and now somebody shows up and arrest one of your employees, how do employers respond to that? I mean she did not wanted to choose but…
Francisco Hernandez: Yeah well, from the employer perspective, you know if the employer has to probably get a little legal counsel as to… because if there is one, there is more than one! Right? So you know, there is potential liability now. There were lot of… they were not raids, there were lot of audits over the last 2 years, I am sure you heard about them, but they were not really looking for undocumented workers, they were looking for wage and labor violations. They did not really take, you know, they could had taken 50 employees for one of the places I visited, but they just wanted… and so then what they eventually negotiated was; they fine and a 6 month period to come in to compliance. Ok? So, then what they did is; all the employees got laid off, then they went in and apply for individual tax payer identification number which is legal, the IRS would give it to anybody willing to pay taxes on anything! They come back and apply, you know under their mother’s maiden name and it will be another couple of years before anybody figures that out! You know, it is a loophole, I guess you know, everybody hates loopholes till tax time, right? They want every benefit!
What you do, well you got to cover your employer, and these meetings with the companies, I excluded employers because it is best for them you know to not have knowledge of who has papers and who does not! And I would advise the employees this to what to do! I did not charge the companies so the employees would trust me because; you know there is a lot of mistrust. They are running scared, all the immigrants are running scared, the Spanish speaking media is making it worse, it is Chicken Little! It is really really cruel. There is a lawyer in Dallas, and I made this lady cry, I swear to you! The lady came in here legally, has a 20 years old daughter, and some lawyer sold her a letter of protection. It was just a letter, on the letter it was saying; “if you happen to pulled over you must contact me, these are her rights blah blah blah blah blah”. Charged her $2000! $2000 for…I go ma’am all you got to do is take your daughter’s birth certificate and they will let you go! They are not… they do not want you! Okay? And you know, powers of attorneys. All of a sudden about 5 years ago, I did a power of attorney in Spanish the child care power of attorney clear off…you know if you got to travel or something or designate somebody that can take your kids to school, you know take them out to school, seek medical care, and I did in Spanish and in 5 years I probably prepared 2 for anybody!
And now, as soon as Trump took over, in like 2 weeks, we did 60! All of a sudden it was like; I got to have it, because if I get deported who is going to take care of my…I do not want them to go to child protective services. I am like; man, how long have you been here? Well about 10 years! And I was like; it is just not important! You just not think if I get deported, that is a complacent we get, right? It was the same risk the entire time but all of a sudden, it is a panic; I got to have a power of attorney! Yes you do need it! In fact, if you are a citizen you need one, and if you had minor children but now they waited 2 hours for me to do a one page health care power of attorney because it is just now becoming important. So, you know those are the things that an employer has got to deal with. If the employer disappears, wife comes in wants to get the check and has 3 kids in total.
Lady in Audience: I already got having troubles filling jobs. I am going to a destination wedding in Main in October, and I called my reservations in September. Anyways, they said that they are having their seasonal because they closed down these hotels in October or so in Main and they are having real problems getting housekeepers and other things because of the immigration going on and you know that they are trying to share employees with…
Francisco Hernandez: Really they got a shortage of?
Lady in Audience: Skiers… the employees in the Wintercon but anyway…
Francisco Hernandez: Not in Texas!
Lady in Audience: Yeah!
[Audience laughs] Lady in audience: Anyway I just wanted to really…
Francisco Hernandez: Not in Texas!
Lady in Audience: I called them to make a reservation but I talk to this person for over 30 minutes about the issues that not being up to fill these positions and being unable to hire United States citizens for these types of jobs because they just want to [inaudible] it was hard and [inaudible] anyway… any other question? Now is your time! all good? Ok! Thank you!
Francisco Hernandez: thank you
Lady in audience: Thank you very much! I will stick around if you have questions.
[Audience clapping] Lady in Audience: We will see you all next door.
Lady 5 In audience: [inaudible] Lady in Audience: Yeah!
Francisco Hernandez: No, no! I told you what he did about the comments.
[Audience laughs] [In distant talk continues] [Audio Ends]

Francisco Hernandez

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