In early 2009, President Obama appointed the governor of border-state Arizona Janet Napolitano, and a supporter of comprehensive immigration reform, as the Secretary of the Department of Homeland Security (DHS). For many, it was a sign that the administration would tackle immigration reform as a priority. In her first week in office, Napolitano ordered a sweeping internal review of DHS, aimed at identifying key areas for reform. March 2010 marks the one year anniversary from that week. So how much has changed for immigration?
For this we turn to a new report released by the Immigration Policy Center which compares actual reform undertaken by the agency to reforms that were recommended to them by immigration policy experts, academics and community members that would instill fairness and due process.
While DHS struggles towards reform it has failed to meet some key expectations… The department has engaged thoughtfully and strategically on some issues… However, turning principles into practice has fallen short, and the practical realities for individuals caught up in the system have not necessarily changed for the better.
DHS has done well in some areas. Focus has been shifted away from from harsh worksite raids to a focus on employers who hire undocumented workers. Welcome detention reforms have been announced particularly focused on healthcare and conditions of detention. A precedent was created whereby women who have suffered domestic violence are eligible for asylum. The Department was efficient in responding to the earthquake in Haiti, granting Temporary Protected Status to Haitians in the U.S. and humanitarian parole to 500 orphans.
But the spirit of reform has been strangled by an “over-reliance on enforcement policies”. There has been little growth in community alternatives to detention or legally enforceable standards and people continue to face poor medicare care and substandard conditions. 2009 has seen the growth of partnerships with state and local law-enforcement that arm them with the power to enforce immigration law even though this is a federal responsibility. There has been a growth in programs that criminally prosecute those caught crossing the border, draining resources away from prosecution of serious crimes such as drug and human trafficking.
And the failures. There has been little tangible progress in the areas of due process, with the immigration court system continuing to remain overburdened, and an appeals process still compromised.The continued expansion of state and local law enforcement programs like Secure Communities and 287(g) programs have led to accusations of racial profiling and large scale prosecutions of individuals with no criminal history.
But although there are many areas where reform is desperately needed, ultimately these will be administrative measures carried by an administrative agency DHS. But the fundamental problems of the system will continue to grow until Congress works up the courage to institute just and humane immigration reform. We can only hope that the White House and Congress gives the broken immigration system the attention it deserves, so that rather than counting down another year of incomplete policies and inefficient reforms, we have a just and human immigration system that accounts for the realities on the ground.
Photo courtesy of fairimmigration.files.wordpress.com
We’re down to the wire and need your vote now! In the next three hours, you can vote to Restore Fairness to our broken immigration system on Change.org’s Ideas for Change in America and take us one step closer to an opportunity to have our voice heard in Washington.
Immigration reform has been proven to benefit the livelihood and stability of all of us, leading to a vibrant and viable future. So vote now! Here’s our idea.
Unite to pass immigration reform this year that “Restores Fairness” to our broken immigration system
Today, a broken immigration system denies basic human rights and due process to people who live here. In the aftermath of 9-11, immigrants have borne the brunt of harsh policies with the U.S. government allowing raids and arrests without warrants, holding thousands in inhumane detention conditions, and deporting people without a fair trial.
But there is hope. This year, people across America are coming together to ask for just and humane immigration reform, one of President Obama’s election promises. Right now, Senator Schumer is crafting a bill with Senator Graham to be introduced in the Senate after which it will move to the House. But there are divisive, nativist, voices out there that are trying to stop this.
Raise your voice for a just and humane immigration reform that:
1. Creates a fair path to citizenship for the millions of hardworking individuals and families who live here.
2. Creates fair enforcement practices that include -
- creating legally enforceable detention standards and implementing secure alternatives to detention so that we stop locking up harmless individuals, children and people with severe medical conditions
- stopping indiscriminate raids and the continued use of local law enforcement to enforce federal immigration law
- restoring the ability of immigration judges to consider individual circumstances before they detain and deport people
Immigration reform must also address border security, workers rights, family reunification and future flows of workers.
While traditionally thought of as targeting the African American community, profiling affects a broad range of communities, including Native American, African American, Latino, Arab, Muslim and South Asian communities. More and more, it is being practiced in the name of national security. Not only is racial and religious profiling humiliating and degrading for the people subjected to it, it is unconstitutional, it is an ineffective law enforcement practice, and it continues largely unchecked, violating the human and civil rights of those targeted.
That’s why some of these latest victories are that much more exciting.
In East Haven, Connecticut, stories abound of police abuse against racial minorities, particularly against the Latino community that now comprises 6% of the town’s population. This is only an extension of long history of violence that began with the African American community. So everyone welcomed the decision of of the U.S. Department of Justice to investigate the East Haven Police Department after concerned citizens filed complaints about the Department’s profiling and harassment of Latinos.
In a similar victory, a Maryland court ordered the Maryland State Police to turn over records on how they responded to complaints of racial profiling, scoring a victory for the NAACP and ACLU. The ruling has been a long time coming in the battle against the racial profiling practices of the Maryland State Police, often referred to as the “Driving while Black” litigation. Triggered by a phonecall from Robert Wilkins, an African-American attorney who had been stopped, searched and detained by the Maryland police for no specific reason, the NAACP and ACLU filed a complaint which was finally settled in 2003, where they were assured greater training of officers, an easier system to report racial profiling, and greater transparency. Five years later, with very little improvement on the ground, the groups filed a request to see records of investigations conducted around the complains of racial profiling. The state police refused to make some of the records public, a refusal finally overruled this month by the States second highest court.
Last but not least is a bill introduced in the Georgia Senate prohibiting racial profiling introduced by Senator Gloria Butler. 26 states currently prevent racial profiling of motorists. The bill has come on the heels of extensive advocacy by local organizations like the ACLU of Georgia and their partners who have held town halls and released reports calling attention to the pervasive problem of racial profiling in their state. The story of how Mark Bell, an African American man, was continually harassed by a police car during a simple trip to the grocery store one evening, is but one in a number of cases in which communities of color are harassed and detained by the Cobb County police, resulting in a mistrust of local law enforcement within the community.
While it is difficult to find much coherence within the fractured and fast-changing Tea Party Movement, a look at their convention in Nashville last week shows that the issue of immigration seems to have gained greater popularity, emerging largely from the links made between immigration and the healthcare debate at their town hall meetings held last summer. Spearheading this issue for the Tea party agenda was Tom Tancredo, a former Colorado Congressman who kicked off the Nashville Tea Party Convention with a slew of racist comments meant to further the argument against immigration reform.
And then because we don’t have a civics literacy test to vote, people who couldn’t even spell vote, or say it in English, put a committed socialist ideologue in the White House named Barack Hussein Obama.
The Nashville Convention sought to unite the movement against the path to legalization. Tancredo’s opening speech included the argument that while Obama’s plans for immigration reform needed to be halted, it was a good thing that McCain had not been elected or he would already have ensured that Rep. Gutierrez’s bill for immigration reform was passed and “amnesty” given to the country’s undocumented immigrants. He incited the audience to protect the country’s culture saying “our culture is based on Judeo-Christian values whether people like it or not!”
While some, such as a Tea Party blogger Keli Carender said that immigration was not a part of the official agenda, Tancredo’s opening remarks, the prominent presence of the anti-immigrant group NumbersUSA, as well as a number of signs against “amnesty” from their individual supporters at the convention indicated that immigration issues could become a prominent feature on the movement’s agenda.
So what would Tom Tancredo have to say about the latest report by the Urban Institute that holds that immigration enforcement has a large-scale, detrimental effect on children? The truth is that the immigration system is in dire need of reform and racist rhetoric is not going to solve the complex problems caused as a result of a broken immigration system.
The report is based on research conducted amongst over 100 children of undocumented immigrants that were targeted by raids and arrests by Immigration and Customs Enforcement (ICE) in six U.S. states. Of the 190 children interviewed for this study, two-thirds were U.S. born citizens. The study says,
Children whose parents were detained for longer than a month experienced more changes in eating, sleeping, frequent crying, fear, anxiety, regression, clinginess, and aggressive behavior. 68% of parents or caretakers questioned said they noticed at least three behavioral changes in the short-term, or three months after a parent was arrested. In the long-term, or nine months after an arrest, 56 percent of children ages 6 to 11 and 12 to 17 showed angry or aggressive behavior. The most typical changes were an increase or decrease in eating among all age groups.
Long-term separation of children from their parents is “exceptionally harmful” to the development and growth of children. The report recommends immigration reform must include alternatives to detention such as electronic monitoring and supervised released, as well as a priority quota for immigrants with children to be considered for legal residency.
It’s groups like Tancredo’s that have gone on about the connections between immigrants and crime. An ACLU brief finds that the increasing criminalization of undocumented immigrants has led to a diversion of attention and resources away from more serious criminal offenses such as organized crime, gun trafficking and white collar crimes. For starters unlawful presence in the United States is NOT a “crime”. And secondly only the Federal Government can regulate immigration. So when states and localities use criminal laws to go after undocumented immigrants, they are not only adding to the misinformed rhetoric around “criminal” immigrants but actually diverting resources from where they should be applied. Moreover, studies have shown that increased immigration does not lead to increased crime and that immigrants are less likely to be incarcerated for violating criminal laws than non-immigrants.
Once again, we urge the leaders and citizens of this country to step away from their petty vendettas and take a look at the bigger picture, both in terms of what already exists and in terms of what would be best for all.
Yesterday, President Obama addressed the issue of immigration reform in his State of the Union speech.
“We should continue the work of fixing our broken immigration system to secure our borders, enforce our laws and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation.”
Many in the immigration movement expected a more hard hitting message from the President who has appointed Homeland Security Secretary Janet Napolitano to lead a bipartisan task force to address the issue – a message that focused on a path to citizenship, fair and just enforcement, family reunification, and workers rights. This mention seemed to indicate a movement by the administration to not lead but rather support immigration reform led by Congress. But not only should the President show strong leadership on the issue because immigration reform is a campaign promise, but also because it is the right and smart thing to do from many standpoints, including an economic one. Our immigration system is broken. Thousands are detained everyday in miserable conditions leading to senseless deaths. Families are separated all over the country. Immigration enforcement is stricken with racial profiling and due process violations.
Rep. Luis Guiterrez, who introduced the progressive CIRASAP immigration reform bill in the House this past December, has responded,
He (the President) did not go far enough for the four million American citizen children whose parents face deportation; the millions of Americans waiting to be reunited with loved ones overseas; hardworking Americans whose security is undermined in the workplace; or the $1.5 trillion lacking from our Gross Domestic Product, all in the absence of real reform.
Though he clearly supports the notion that our laws must reflect the contributions immigrants have made to literally build this country, it is clear to me that Congress cannot wait for the President to lay out our timeline for comprehensive reform.
12 million undocumented immigrants deserved more than those 38 words. “Continue the work of fixing our broken immigration system.” Does that imply that Congress or the White House have been already busy fixing our broken immigration system? Yes, Department of Homeland Security has been tweaking the system, re-examining Bush-era diktats, looking at the conditions of detention centers. But that’s not fixing a broken system, it’s not even duct taping it. That is just sweeping at the edges with a fly whisk.
There is a broad coalition that supports immigration reform including labor unions, immigration advocates, and faith leaders. Right now, Senator Schumer is crafting a bill with Senator Graham to be introduced in the Senate after which it will move to the House. And even though more and more studies are revealing the economic benefits of reform, it’s going to be a tough fight ahead.
At a protest outside the national headquarters of the Department of Homeland Security (DHS) yesterday, hundreds participated in a protest to call attention to the suffering of immigrant families across the country. Protesters including representatives of major immigrant organizations and faith leaders, underscored the growing disenchantment with the administration’s inaction on immigration reform.
The protest was held to call for an immediate suspension of deportations of immigrants with U.S. citizen family members and action on passage of comprehensive immigration reform. Held on the eve of the President’s State of the Union address, it highlights the growing frustration of immigrants and their families regarding the administration’s failure to deliver on basic commitments made during the 2008 presidential race.
Last year on January 21st, we stood in front of DHS with faith leaders and 800 allies to urge a moratorium on the raids and press for immigration reform. We stand here again with our partners a year later to again make the case that in the absence of federal action to fix the broken immigration system, this nation will continue to see the devastation of thousands of families and neighborhoods.
Tuesday’s action was held to draw attention to a number of local actions receiving nationwide support – including The Trail of DREAMs, the 17-day Fast for Our Families in South Florida, and a march of tens of thousands in Phoenix, Arizona to protest local enforcement of immigration law.
Gustavo Torres, Executive Director of CASA de Maryland, expressed his sentiments.
We are here to mark one year of inaction and remind the administration that immigrants and people who love them are suffering every day that it refuses to take action.
Note: Restore Fairness mistakenly reported there were arrests at the protest. We apologize for the mistake. There were no arrests at the protest.
We need your vote! Vote to Restore Fairness to our broken immigration system on Change.org’s Ideas for Change in America and take us one step closer to to ensure that 2010 is the year for immigration reform.
Ideas for Change in America is a competition that empowers citizens to build momentum for solutions to pressing problems facing us today. The 10 ideas with the maximum number of votes will go to Washington.
Immigration reform has been proven to benefit the livelihood and stability of all of us, leading to a vibrant and viable future. So vote now! Here’s our idea.
Unite to pass immigration reform this year that “Restores Fairness” to our broken immigration system
Today, a broken immigration system denies basic human rights and due process to people who live here. In the aftermath of 9-11, immigrants have borne the brunt of harsh policies with the U.S. government allowing raids and arrests without warrants, holding thousands in inhumane detention conditions, and deporting people without a fair trial.
But there is hope. This year, people across America are coming together to ask for just and humane immigration reform, one of President Obama’s election promises. Right now, Senator Schumer is crafting a bill with Senator Graham to be introduced in the Senate after which it will move to the House. But there are divisive, nativist, voices out there that are trying to stop this.
Raise your voice for a just and humane immigration reform that:
1. Creates a fair path to citizenship for the millions of hardworking individuals and families who live here.
2. Creates fair enforcement practices that include -
- creating legally enforceable detention standards and implementing secure alternatives to detention so that we stop locking up harmless individuals, children and people with severe medical conditions
- stopping indiscriminate raids and the continued use of local law enforcement to enforce federal immigration law
- restoring the ability of immigration judges to consider individual circumstances before they detain and deport people
Immigration reform must also address border security, workers rights, family reunification and future flows of workers.
Using the context of Rep. Luis Gutierrez’s progressive CIR ASAP immigration reform bill introduced in mid December, the recent election of Sen. Scott Brown in Massachusetts (and the obvious question of how this will affect the progressive agenda including immigration reform), President Obama’s campaign promise to address immigration reform with his election, a lively discussion ensued on what makes the present time ripe for the passage of immigration reform legislation. Unlike the harsh and divisive debates of failed reform in 2007, the overall outlook amongst the panelists was positive, as they approached the topic from the point of view of electoral vote politics, the economy, and the labor movement.
An earned path to legalization for undocumented immigrants, including registering with the government, a background check, paying taxes, and ensuring their integration into society.
Creating flexible channels for the future legal flow of immigration which could adjust itself to the ebb and flow of the economy.
Smart enforcement policies including moving resources away from spending money trying to detain and deport immigrants and “chasing busboys and nannies through the desert” into addressing problems such as drug and human trafficking at the border.
Markos Zuniga made the distinction between the political climate around immigration in 2007 and now by talking about today’s polls that show 66% of voters (an equal percentage of Democrats and Republicans) support reform making it a truly bipartisan issue. With Latino groups reaching a plurality in 2050 and Asian and other minority communities growing rapidly, the co-relation between electoral votes and reform is clear. For many Republicans, falling back onto nativist rhetoric and hate-mongering like in 2007, could mean a significant loss in votes from Latino and other immigrant communities.”President Bush won 40% of the immigrant vote in 2004, John McCain only got 28% in 2008, so the long term health of republican party is in jeopardy if they can’t appeal to immigration groups.”
Andrea Nill added that while there are three groups largely responsible for the nativist rhetoric – FAIR, NumbersUSA and the Center for Immigration Studies, there is also division between the anti-immigration movement, including within the Republican party between moderates willing to engage with immigration reform, and hardliners such as Rep. Joe Wilson and Rep. Brian Bilbray and other members of the House Immigration Reform Caucas.
Speaking on behalf of the labor movement, Maria Durazo said there is high expectations from the administration and Congress to deliver on its promise of reform.”These are people who harvests our crops, build our buildings and work in our restaurant…they do services for us but then when we need to respond to their need to bring them out of the shadows we call them names – law breakers, illegals…we want to make sure any immigration legislation has protections for workers, both native born and undocumented immigrants who will come out of the shadows – because we will all lose if we don’t work together.”
In terms of Sen. Scott Brown’s recent victory, the panelists felt that it has little effect since immigration reform has and always will be a bipartisan issue. But on a larger scale, the election felt emblematic of the waning of Democrat popularity due to their lack of engagement with many issues, including immigration, and while voters are looking for the ‘hope’ and ‘change’ that they were promised, immigration reform is an opportunity for both Democrats and Republicans to work together towards a viable solution.
But there is also an economic argument for reform. According to a recent Center for American progress report, immigration reform will be crucial for the economy, with mass deportation causing a loss of $2.6 trillion as opposed to a growth of approximately $1.5 trillion over a ten-year period if reform passes. And since the economy, like healthcare, is a foremost priority of the Obama administration, this is an opportunity to address both issues simultaneously.
The panelists were unanimous on the fact that the present situation is highly favorable towards immigration reform and highlighted the expanse, width and strength of the present coalitions, which today include faith-based groups, LGBT groups, ethnic groups, immigrant rights advocates and immigrant communities in general.
Looking ahead, while Rep. Gutierrez’s progressive immigration bill which has 90 co-sponsors would serve as the progressive conscience, everyone is waiting for the bill that Sen. Charles Schumer is working on with Sen. Lindsey Graham is introducing for debate in the Senate. It will then move to the House where it will be written by Rep. Zoe Lofgren.
The penultimate point of the discussion centered around ensuring that the mainstream media begin to report on the issue and mobilize around reform. Maria Elena pointed out the importance of providing people with honest information about the implications of enforcement actions such as raids and detention to families and the economy. Markos Zuniga pointed out that Latino and Asian communities are virtually invisible to the mainstream media, thus removing one side of the immigration story. Stressing the importance of building a pro-immigration story into the media narrative, the speakers highlighted the essential role of online journalism, blogging and networking in building knowledge and momentum for the movement.
Here’s more proof that current methods of immigration enforcement are unjust and inefficient. A Bush-era immigration enforcement effort along the U.S.-Mexico border called Operation Streamline is making us less safe in more ways than one – according to a new report released by The Berkeley Law Warren Institute.
Introduced in 2005 as a disincentive to border crossings, the “zero-tolerance” program requires the federal criminal prosecution and imprisonment of all unlawful border crossers. Instead, the program has led to unprecedented caseloads in eight of the eleven federal district courts along the border, leading to assembly-line justice and a serious lack of due process.
The report states,
Many Operation Streamline defendants complete the entire criminal proceeding – meeting with counsel, making an initial appearance, pleading guilty, and being sentenced after waiving a pre-sentence report – in a single day.
And while the numerous prosecutions are straining resources to the breaking point with overburdened judges, federal prosecutors and public defenders, it diverts scarce resources from fighting the roots of border violence: drug smuggling and human trafficking. As petty immigration prosecutions have increased in the border district courts, U.S. attorneys are forced to to cut back on prosecuting more serious crimes along the border.
The U.S. attorney isn’t bringing me those cases. They’re just catching foot soldiers coming across the border. . . . But they will tell you that they don’t have the resources to drive it and develop a conspiracy case.
As a result of Operation Streamline, between 2002 and 2008, Federal Magistrate judges operating along the border saw their immigration misdemeanor caseloads quadruple.
And despite their best efforts, it is extremely difficult for border jurisdictions to implement Operation Streamline without depriving migrants of due process and effective assistance of counsel. Chief Judge of the District of New Mexico, Martha Vázquez, has said,
The increase in our criminal caseload, especially in Las Cruces, has caused us to conduct hearings in a way that we’ve never had to conduct them before, and in a way that other jurisdictions don’t have to. . . . We have . . . up to 90 defendants in a courtroom.
Many defendants may have defenses that are not identified because of the speed and en masse nature of the proceedings. These can include claims to immigration relief, such as eligibility for asylum or relief under the Convention Against Torture. Even U.S. citizens and legal permanent residents have been identified amongst defendants. This ultimately has consequences nationwide.
As Fifth Circuit Court of Appeals Judge Carolyn King has said,
we “can’t have a rule of law for the southwest border that is different from the rule of law that obtains elsewhere in the country.
The report recommends replacing Operation Streamline with a comprehensive and effective approach to border enforcement. This includes reverting to the longstanding practice of leaving unlawful border crossings to the civil immigration system, thereby stopping the draining the resources of the district courts, the U.S. Attorney’s Office, the Federal Public Defender, and the U.S. Marshals Service.
Do we need more evidence of the fact that Comprehensive Immigration Reform (CIR) will benefit the country? For those that are unconvinced, the new report brought out by the Center for American Progress and Immigration Policy Center should help point our how crucial CIR is to the future of the U.S. economy.
“The program would have economic ripple effects that would, when compared to the alternative policy of mass deportation promoted by immigrant restrictions, have a net economic benefit of as much as $4.1 trillion for the U.S. economy over 10 years.”
Some of the consequences of reform include raised worker’s wages which subsequently “raise the wage floor” for everyone, a willingness to invest, more income, more spending and more taxes – all of which will result in growth of gross domestic product by approximately $1.5 trillion over a ten-year period. The figure comes from findings of surveys conducted after the passing of the Immigration Reform and Control Act (IRCA) of 1986 which granted legal status to 3 million immigrants. Research shows that those undocumented immigrants who were legalized as per the IRCA (which was also implemented during an economic recession similar to the present one) went on to better jobs and higher wages. Many further invested in higher education which increased their skill level and socio-economic mobility, positively impacting the economy. Where the IRCA failed was in creating a flexible policy for future immigration, leading to the present situation in which the government spends large amounts of resources on an inefficient and costly system of enforcement.
“The number of unauthorized immigrants in the United States has increased dramatically since the early 1990s despite equally dramatic increases in the amount of money the federal government spends on immigration enforcement…The U.S. Border Patrol says its annual budget has increased by 714 percent since 1992, from $326.2 million in fiscal year 1992 to $2.7 billion in fiscal 2009.”
In addition to being expensive, it is evident that the current enforcement-only policy of the government is inefficient, and has led to a damaging of the economy. The current policy seems to be heading towards a scenario of “mass deportation”, which the report analyzes as one of three avenues through which the government can approach immigration policy. The other two scenarios are “comprehensive immigration reform” and a “program for temporary workers”. While mass deportation would cause a loss of $2.6 trillion in gross domestic product over a 10 year period, the worker program would lead to a gain of $792 billion. Full legalization of existing immigrants along with new, flexible legal limits on permanent and temporary immigration is the best scenario, leading to $1.5 trillion in gross domestic product growth over the next ten years.
“All immigrant workers in this scenario have full labor rights, which results in higher wages – and higher worker productivity – for all workers in industries where large numbers of immigrants are employed. As wage and productivity levels rise, the U.S. economy’s demand for new immigrant workers actually declines over time as the market shrinks for easily exploited, low-wage workers…The higher earning power of newly legalized workers translates into an increase in the net personal income of $30 to $36 billion, which would generate $4.5 to $5.4 billion in additional net tax revenue. Moreover, an increase in personal income of this scale would generate consumer spending to support 750,000 to 900,000 jobs…”
The report demonstrates that the economic argument can no longer be used as an excuse to avoid immigration reform, and poses a stiff challenge to the mythical notion that legalizing undocumented workers will increase unemployment. Instead it helps to drive home the pressing need for the government to enact comprehensive immigration reform. In an article by New American Media, Benjamin Johnson, executive director of the American Immigration Council, says,
“I think there are two very important things about this report. One certainly is that it shines a spotlight on the potential for a very large impact on our economy in a time when we need it. Even in Washington D.C., $1.5 trillion is a lot of money. But the report also reminds us of where the focus of an immigration reform effort ought to be, and that is about how do we provide benefits to the American economy and to the American worker.”
Momentum for immigration reform is building in 2010. On December 15th, Rep. Gutierrez unveiled CIR ASAP in the House, a historical bill that outlines progressive solutions to our immigration policy crisis, and early this year, Sen. Schumer is expected to introduce a bill in the Senate. You can do your bit to urge Congress to support immigration reform leading to a healthier economy and more due process and human rights for all.