On the first anniversary of immigration detention reforms, what has changed on the ground?

From the Detention Watch Network

On the first anniversary of an announcement that Immigration and Customs Enforcement (ICE), the enforcement agency within the Department of Homeland Security (DHS)) would overhaul the nation’s immigration detention system, reports show that for the nearly 400,000 immigrants ICE has detained this year, little has changed.

On August 6, 2009, in response to sharp criticism from advocacy groups, community organizations, and government officials, ICE Assistant Secretary John Morton promised sweeping changes to improve detention conditions.  According to Mr. Morton, the agency intended to take substantial steps to transform the sprawling patchwork of approximately 350 jails and prisons into a non-penal, “civil” detention system.  

While advocates were initially encouraged by Mr. Morton’s promise to overhaul the detention system and move away from holding immigrants in jails and prisons, the reality on the ground is that little has changed.  ICE must do more to address the human rights violations occurring in both the detention and enforcement systems.

There have been a number of positive developments in the past year.  However, these are to achieve meaningful impact in the lives of those detained.  The reality is, under President Obama’s Administration, more people are being detained and deported than under the Bush Administration, in a manner that fails to meet the United States’ human rights obligations under international law.

Some of the steps ICE has taken toward achieving reform include last month’s launch of an Online Detainee Locator System, a tool allowing, for the first time, families and attorneys to find loved ones and clients in ICE custody.  In May, ICE piloted a risk assessment and custody classification tool, which will allow the agency to screen individuals to determine whether they should be released. Historically, ICE has routinely detained people that should have been released.  

ICE has also discontinued the detention of families and children at the T. Don Hutto Facility in Taylor, Texas, which received national attention when the facility’s substandard conditions became the subject of lawsuits. Today, ICE uses the Hutto facility, which is privately owned and operated by Corrections Corporation of America (CCA), to detain only women.

But there is much to be reformed. In May, Hutto came under scrutiny once again when allegations surfaced of a series of sexual assaults by a CCA guard against females detained there. “We were heartened that the Obama Administration ended family detention at Hutto and took on reforming the broader immigration detention system,” said Rocío Villalobos, of Texans United for Families, a member organization of Detention Watch Network. “Today, the majority of women at Hutto are seeking refuge from violence in their home countries.  This spring’s sexual assault incidents show how detention subjects people to more violence, which deepens their trauma, rather than protects them from it.”

ICE has also appointed “detention managers” to work in 42 facilities and hired experts in detention management and health care. However, their presence has meant little change for detained immigrants. For example, a detention manager was working at the Hutto facility at the time the sexual assaults occurred, calling into question the detention managers’ ability to adequately oversee detention operations.

The Detention Watch Network, Heartland Alliance’s National Immigrant Justice Center, and the Midwest Coalition for Human Rights, are releasing a report evaluating ICE’s progress in October 2010.

 A snapshot of the reports reveals that human rights violations persist.  In Florida, the Florida Immigrant Advocacy Center reported that gross deficiencies in the provision of medical care continue, as well as the unnecessary detention of individuals with serious medical conditions. For example, a woman at the Baker County Detention Center who had been detained for five years remained in custody despite her deteriorating health, which involved a heart catheter, ulcers, and lung and orthopedic problems.  

Multiple reports were received of inappropriate treatment of detained immigrants with mental health issues, including one man that was placed in solitary confinement after he exhibited suicidal tendencies. In New Jersey, the Middlesex County Coalition for Immigrant Rights described only two working toilets for a dorm with a maximum capacity of 48 that held 60 men.  Groups also report that individuals continue to be subjected to indefinite detention – in some cases for years.

Most recently,  the Inter-American Commission on Human Rights has found that “U.S. deportation policy violates fundamental human rights because it fails to consider evidence concerning the adverse impact of the destruction of families, the best interest of the children of deportees, and other humanitarian concerns.”

Photo courtesy of www.machamexico.com

Mentally ill immigration detainees undergo “Deportation by Default”

A woman sat before immigration officials at an immigration detention center, unable to understand a single question asked of her. She stared into space during the interview, shook her head repeatedly, and rocked nervously in her chair. The interview was eventually terminated because it was not clear if she had granted consent for deportation.

This is not an unusual incidents but reflects the findings of a Human Rights Watch and American Civil Liberties Union report Deportation by Default documenting “case after case in which people with mental disabilities are prevented from making claims against deportation – including claims of U.S. citizenship – because they are unable to represent themselves.”

Shortcomings outlined in the report include no right to counsel even though many are unable to understand what is happening to them, a lack of guidance for judges handling people with mental disabilities, and a severe lack of services to aid detainees while in custody. As Sarah Mehta, the report’s lead author says,

No one knows what to do with detainees with mental disabilities, so every part of the immigration system has abdicated responsibility. The result is people languishing in detention for years while their legal files – and their lives – are transferred around or put on indefinite hold.

Many of the detainees interviewed for the report could not understand questions, were delusional, couldn’t tell the date or time, and didn’t understand the concept of deportation – for example, saying they wanted to be deported to New York. This is particularly important for the courtroom because impairments can be so severe that those who have them do not understand what is happening to them or what is at stake in the hearings they must attend.

The federal agencies involved in the deportation system are well aware of many of the problems cited in the report and the reports authors are cautiously encouraged by some recent steps to better handle people with mental disabilities. For example, The Justice Department’s Executive Office of Immigration Review recently expanded its guidebook for immigration judges to include a section on mental health issues. Immigration and Customs Enforcement (ICE), the agency responsible for detaining people is also taking preliminary steps to better identify mentally disabled people from the outset and ensure they are treated appropriately.

But there are many problems that still need to be addressed. There is no tracking of date on how many mentally disabled people face deportation and it is only after much digging that the report uncovered that in 2009, of the nearly 392,000 cases in immigration courts, 15 percent involved people with mental disabilities. Tracking data is an essential first step. Secondly, the report calls for appointment of lawyers for all people with mental disabilities in immigration courts and recommends mandatory training for immigration judges to recognize mental disabilities.

In the meanwhile, cases like Michael’s continue. Michael claimed to be a U.S. citizen whose extended family was killed in Nigeria. Asked by an asylum officer why he feared deportation to Nigeria, Michael said he would be tortured,

I don’t know why they want to torture me. I’m a rich man. I’m god. They want to have me remove the plants from heaven to earth. Jay-Z and R-Kelly are some of them.

At another point in the credible fear interview, Michael claimed to hear his dead wife and President Obama speaking to him. The asylum officer wrote to reviewing authorities,

Applicant’s testimony was not credible because it was implausible. His testimony was implausible because it was delusional. It should be noted that applicant appears to suffer from psychosis. Therefore, this calls into question the entire credibility of his claim.

The officer also observed that Michael was at risk of persecution and maltreatment on account of his mental disabilities if returned to Nigeria. Despite the concerns raised by the asylum officer, an immigration court ordered Michael A. deported to Nigeria in April 2010.

CNN and ABC stories show impact of unfair immigration laws

As the countdown to Arizona’s SB1070 law draws nearer (July 29th), and Congress continues to skirt the issue of immigration reform, a number of excellent stories have emerged from the news on our broken immigration system. A shocking story on CNN reveals how every day, Americans are wrongfully deported because of a broken system, and many worry the problem could get worse. They interview one such U.S. citizen who was wrongfully deported to Jamaica in 1999 and finally able to return ten long years later. And even though he knew was a citizen, he was given a deadly choice – stay in detention indefinitely and fight your case, or leave and gain your freedom. Laws like SB1070 will only suck more U.S. citizens into the deportation pipeline, just like in this case, denying adequate due process to many.

On ABC, a 10 part special series “Out of the Shadows” illustrates the constant struggle of 10 undocumented immigrants and their impact on America. In the first of the series, Mohammad Abdollahi, an undocumented Iranian immigrant comes bravely forward, arrested after staging a sit-in in Arizona to persuade Senator John McCain to support the DREAM Act. Mohammad is gay, and faces deportation to Iran, a country where homosexuality is a capital crime. If he doesn’t gain asylum, he could face real danger in the country he barely knows as home. Stay tuned for more stories.

So what is Congress doing about the broken immigration system. We got to hear a few of their thoughts at Netroots Nations, a large gathering of progressive bloggers, non profits and filmmakers mobilizing the online space for good. An impressive line up of speakers included House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid. Most everyone spoke of the difficulty of passing immigration reform in an election year, but with more stories like these coming to the fore, maybe Congress will realize the ramifications of our broken immigration system on the ideals we hold dear, due process, fairness, and justice. Because when we deny due process to some, we put all of our freedoms at risk.

Immigration reform was a strong theme at Netroots Nation and Restore Fairness was on some excellent panels. Presenting with some other incredible films, Restore Fairness screened at the Immigration Screening Series alongside Speaking in Tongues, a film on language and its importance at breaking down barriers between ourselves and our neighbors, and Not In Our Town, focusing on the murder of a 37-year-old Latino immigrant Patchogue, New York. A lively discussion on race, immigration and pluralism followed. Restore Fairness was also on a distinguished panel with other immigration advocates – “Crimmigration Under Obama: Pushing back against the “enforcement-only” immigration regime”. Immigration enforcement under the Obama administration has continued almost unchanged from the Bush administration even as Department of Homeland Security officials have promised to reform the immigration detention system. A growing collaboration between local police and immigration enforcement is being encouraged, its worst manifestation seen in Arizona’s SB1070. And despite moving away from massive workplace raids, the agency has continued home and business raids under the radar. All in all – overall levels of deportation have actually increased under President Obama. Meanwhile, legislative reform is stalled in Congress. Watch it here.

As July 29th approaches, the state of Arizona is ill prepared for the consequences of SB1070 which will likely include many due process violations, racial profiling and an even more broken immigration system.

DREAM NOW LETTERS: YAHAIRA CARRILLO

Guest Blogger: Kyle de Beausset re-posted from Citizen Orange.

The “DREAM Now Series: Letters to Barack Obama” is a social media campaign that launched Monday, July 19, to underscore the urgent need to pass the DREAM Act. The Development, Relief, and Education for Alien Minors (DREAM) Act, S. 729, would help tens of thousands of young people, American in all but paperwork, to earn legal status, provided they graduate from U.S. high schools, have good moral character, and complete either two years of college or military service.  With broader comprehensive immigration reform stuck in partisan gridlock, the time is now for the White House and Congress to step up and pass the DREAM Act!

President Barack H. Obama
The White House
1600 Pennsylvania Avenue Northwest
Washington, DC  20500

Dear Mr. President,

My name is Yahaira Carrillo and I’m undocumented.  As I write this, over 20 undocumented youth are risking arrest and deportation to demand that Congress take action for the DREAM Act.  Just over two months ago, I, along with two others, became one of the first undocumented immigrants in U.S. history to do the same.  Like Mohammad Abdollahi, who wrote you a letter on Monday, I, too, am queer.  I risk being deported to a machista country, Mexico, where killings related to homophobia are rising.

I was born in 1985 to a barely-turned 16 year-old who had been kicked out of her house while she was pregnant for being a disgrace to the family. I lived with my mother in an abandoned house in Guerrero, Mexico. She struggled to find work, but was either harassed or asked for sexual favors. She said no. She was 17 in 1986 when the 8.1 magnitude earthquake hit Mexico. She decided to take me to the U.S., but we didn’t stay that long. At my grandmother’s request, we returned to Mexico. The hits kept coming: my mother ended an abusive relationship with a military man and feared for her life.

Then, my father called- after abandoning my mother while she was pregnant and being MIA for most of my early years, decided he wanted us to join him in California. My options have always been limited. I was 8 years old when I came to the U.S. When I was 14, my 18-year-old boyfriend wanted to marry me. I said no. When I graduated from the top of my high school class, I thought I couldn’t go anywhere. My parents were migrant farm workers- college wasn’t likely. But years later, I found a private college in Kansas that would accept me. I worked myself to the bone, and obtained an Associate’s Degree. Today, I am working towards my Bachelor’s degree. According to my calculations, it will take me eight years.

I’ve had people tell me that it’s not a big deal, that I should keep on waiting for the DREAM Act to pass. My life has been on pause, rewind or replay for years. Waiting is not an option.  That is why undocumented youth like myself are risking everything, right now, to pass the DREAM Act, this year.  If we’re putting our lives on the line for this, Mr. President, the least you can do is call members of Congress and ask them to do the same.

It started with 3 undocumented youth sitting in John McCain’s office, and it has escalated to 20.  How many more will it take before Congress passes the DREAM Act?

Sincerely,
Yahaira Carrillo

The “DREAM Now” letter series is inspired by a similar campaign started by the Servicemembers Legal Defense Network for the repeal of Don’t Ask Don’t Tell.  Every Monday and Wednesday DREAM-eligible youth will publish letters to the President, and each Friday there will be a DREAM wrap-up.  If you’re interested in getting involved or posting these stories on your site, please email Kyle de Beausset at kyle at citizenorange dotcom.

Approximately 65,000 undocumented youth graduate from U.S. high schools every year, who could benefit from passage of the DREAM Act.  Many undocumented youth are brought to the United States before they can even remember much else, and some don’t even realize their undocumented status until they have to get a driver’s license, want to join the military, or apply to college.  DREAM Act youth are American in every sense of the word — except on paper.  It’s been nearly a decade since the DREAM Act was first introduced.  If Congress does not act now, another generation of promising young graduates will be relegated to the shadows and blocked from giving back fully to our great nation.

This is what you can do right now to pass the DREAM Act:

  1. Sign the DREAM Act Petition
  2. Join the DREAM Act Facebook Cause
  3. Send a fax in support of the DREAM Act
  4. Call your Senator and ask them to pass the DREAM Act Now!
  5. Email kyle at citizenorange dot com to get involved more

Visit thedreamiscoming.com for updates on Yahaira and the 20 undocumented youth who were recently arrested in support of the DREAM Act.

Photo courtesy of mex-amer.state.ne.us

Domestic violence survivors first to be affected by Arizona law

The starting day for Arizona’s controversial new anti-immigrant law SB1070 is fast approaching. July 29th is around the corner and the country waits with bated breath as the Obama administration argues for an injunction to stop the law from being implemented. A Reuters article discusses the four scenarios that could occur. The injunction could be successful, or unsuccessful, in which case both parties have a choice to appeal the decision in the U.S. Court of Appeals for the Ninth Circuit. Another outcome could be a partial injunction which would only stop some sections of the law from going into effect. And finally, the state legislature could try to alter the law so that its constitutionality cannot be challenged.

But a pattern of states taking up the issue of immigration has emerged strongly. According to the L.A. Times, that’s nothing new.

Many states have their own regulations governing illegal immigrants. And five states have introduced bills similar to Arizona’s SB 1070, which is the target of a federal lawsuit.

Even though Arizona’s law has generated the most amount of controversy, there are many state laws that fall into the federal subject of immigration.

Colorado restricts illegal immigrants from receiving in-state tuition. Nebraska requires verification of immigration status to obtain public benefits. In Tennessee, knowingly presenting a false ID card to get a job is a misdemeanor…Not all of the laws are anti-immigrant…Ten states have passed laws to allow undocumented college students to pay in-state tuition, and several have expanded access to state-funded health benefits and improved enforcement of wage and hour laws.

All this points to the increasing need for federal comprehensive immigration reform plan that will prevent more Arizona’s from taking place and help fix the broken immigration system.

The impact of SB1070 can be devastating as it destroys the trust between communities and the police that help keep those communities safe. It’s already happening as a New American Media article reports about women affected by domestic violence and silenced by SB1070. Like Lourdes (name changed), a survivor of domestic abuse whose husband reminded her that Arizona’s new law made undocumented women like her liable to deportation. She finally called the police after reaching a shelter eight months pregnant.

Hidalgo, executive director of Chicanos por la Causa (CPLC), a nonprofit that runs the shelter, says that in the past, police officers have been very helpful in protecting victims. But he believes they are now finding themselves between a rock and a hard place. This is because SB 1070 allows Arizonans to file suit against any police department they believe is not enforcing the new law correctly. A department found to be out of compliance could be fined up to $5,000 per day.

Moreover, even the shelter could get in trouble if proved to be helping undocumented immigrants, though there are some exceptions for social workers and first respondents. The law will continue to bring up grey areas where people are unclear what action should be taken, leaving a space for violations, racial profiling, and much of the dangers that many opponents of the law have outlined.

As more and more stories like Lourdes come out into the open, SB1070 is teaching us a lesson that immigration reform cannot wait. Take action now.

Photo courtesy newamericamedia.org

M.I.A. and other music artists draw new borders on immigration

As our nation’s immigration issues triggered by Arizona’s new law that will lead to unconstitutional racial profiling reaches a shrill new level of debate, artists mull over the fact that messy politics is prolonging the injustices that innocent people must face. While some major artists have decided to draw borders in a ban on Arizona, others are trying to draw people into Arizona for concerts against the new law. However, one thing hundreds of musicians share – the belief that putting up walls of hatred towards immigrants is wrong.

Placed in Time magazine’s 2009 list of “World’s Most Influential people” for having “global influence across many genres,” M.I.A has now boldly responded to Arizona’s immigration issue by making her Hard Music Festival free for all Mexicans. The major alternative dance pop star said in an interview with Rockerrazzi last week,

Hard Fest – free for Mexican people; everyone who’s crossed the Arizona borders are welcome at my show and I’ll make you a freakin’ passport.

This decision was a spontaneous result of the pop star’s disbelief that SB 1070 (Arizona’s new anti-immigration law) is still a matter of debate.

I just can’t believe it’s still happening, and it’s happening now. I can’t even get past that point; it’s sort of like moving backwards in time.

Watch her interview.

Meanwhile, major artists Public Enemy and DJ Spooky have condemned SB 1070 while reworking their music. Feeling strongly about the ways in which SB 1070 promotes racism, they decided to rework the classic Public Enemy protest song, By the Time I Get to Arizona, originally written to protest the Arizona state government’s 1993 decision not to celebrate Martin Luther King Jr.’s birthday. This time around, the lyrics reflect their discontent at “those who don’t learn from the past” with DJ Spooky seeing it as a “21st century look in the rear view mirror.” Check out the updated version.

Chuck D of Public Enemy and his wife Theresa have also promoted a boycott and condemned SB 1070. Known for his socially and politically conscious style of rapping and for trying to bridge the racial gap between “black and brown”, Chuck D asked for

a call to action urging fellow musicians, artists, athletes, performers, academics and production companies to refuse to work in Arizona until officials not only overturn this bill, but recognize the human rights of immigrants.

Rage Against the Machine’s Sound Strike is Raging Against Arizona by refusing to perform at any venues within the state until they revoke the laws. 200 other bands like Massive Attack, Michael Moore, Kanye West, Sonic Youth, Joe Satriani, Tenacious D and Los Tigres De Norte have joined this boycott and called on their fans to sign a petition demanding an end to the draconian law. “You can’t look at SB 1070 in isolation,” Rage Against the Machine’s Zach de la Rocha said in a video on the Sound Strike website. “It’s part of an entire state’s campaign to humiliate and criminalize an entire population.”

In response, another group, Artists for Action has invited artists to Arizona to perform, educate, and inspire audiences. The group includes Calexico’s Joey Burns and John Convertino and the Sand Rubies’ David Slutes. As Krist Novoselic, a writer for  Seattle Weekly explains,

The Sound Strike boycott is coming from a good place – it’s a reaction to barriers within humanity. But it’s based on borders themselves, in this case those around the state of Arizona… The state border is literally a line in the sand. Who drew those lines, and why are we drawing more with things like boycotts?

To that end, Artists for Action is planning a major concert in Phoenix later this summer. As Burns says,

Whenever there’s an artistic or cultural boycott, it’s important to back that up by showing your presence and doing something. The intent is to go to fans inside of Arizona and inspire them to vote. If people haven’t registered to vote, now is the time to do it.

Major sounds are amplifying the fight against SB 1070.  Let’s hope legislators are listening.

Photo courtesy of bbc.co.uk

Restore Fairness at progressive gathering Netroots Nation 2010 in Vegas

Restore Fairness is presenting two panels on immigration at Netroots Nation in the last week of July . Netroots Nation is an annual convention that amplifies progressive voices online and in-person and provides space for discussing ways to improve the use of technology to influence the public debate.

On Friday, July 23 (3:00 p.m.-5:45 p.m.), we will be screening Breakthrough’s 9-minute video Restore Fairness, which calls for the U.S. government to bring back due process and fairness to the immigration system. The screening also encompasses other films on immigration, race and the need for reform from across the country including Speaking in Tongues, a film on language and its importance at breaking down barriers between ourselves and our neighbors, and Not In Our Town, focusing on the murder of a 37-year-old Latino immigrant Patchogue, New York. Screening info is available here:  http://www.netrootsnation.org/node/1499

On Saturday, July 24 (10:15 a.m.-11:30 a.m.), we will be presenting within a panel on “Crimmigration Under Obama: Pushing back against the “enforcement-only” immigration regime” along with . Immigration enforcement under the Obama administration has continued almost unchanged from the Bush administration. While Department of Homeland Security officials have promised to reform the immigration detention system after dozens of deaths in detention, the effort has been cosmetic and designed to forestall more rigorous oversight. Despite moving away from massive workplace raids, the agency has continued home and business raids under the radar, with the result that overall levels of deportation have actually increased under President Obama. Meanwhile, legislative reform is stalled in Congress. Find panel info here: http://www.netrootsnation.org/node/1407

The fifth annual Netroots will be held July 22–25 at the Rio Hotel & Casino in Las Vegas. Netroots Nation 2010 will include panels led by national and international experts, prominent political, issue and policy-oriented speakers; a progressive film screening series, and the most concentrated gathering of progressive bloggers to date. Speakers include Senate Majority Leader Harry Reid, Minnesota Senator Al Franken and Congressman Raul Grijalva.

To learn more about our broken immigration system and to take action visit Restore Fairness.

Union challenges the Colbert Report to take on immigrant farmworker jobs

Last night, talk show host Stephen Colbert took on the United Farm Workers (UFW) union offer calling on jobless citizens to replace immigrant farmworkers.

The tongue-in-cheek “Take our Jobs” campaign addresses the myth that our country’s unemployment rate is rising because undocumented immigrants are “taking jobs” away from U.S. citizens. Because of the obvious racist sentiment in such a myth, there are almost no safeguards for thousands of undocumented people that work on U.S. farms. And yet, much of the food we eat, in restaurants, stores and at home, comes to us from the hard labor of these very workers.

The Colbert Report
Arturo Rodriguez
www.colbertnation.com

“Take our Jobs” calls on unemployed U.S. citizens to apply for farm worker jobs and harvest the summer’s lettuce, peach and grape crops. Americans can fill out an online application form entitled “I want to be a farm worker”.

Farm workers are ready to welcome citizens and legal residents who wish to replace them in the field. We will use our knowledge and staff to help connect the unemployed with farm employers. Just fill out the form to the right and continue on to the request for job application.

Currently, about 1.8 million people work on farms in the U.S. According the the Department of Labor, about three-fourths of them are foreign-born, and approximately 50% of them are undocumented. And when it comes to working in the fields though, the proportion of undocumented workers is even greater. If all these workers were to be deported, as is the argument proposed by those opposed to immigration, the union holds that the result would be a huge increase in food prices in the country, the rotting of crops, and an increase in imports. the campaign is thus a segue into the need for immigration reform that creates a path to citizenship for these workers that form the backbone of this country’s agricultural economy. As the head of UFW’s union Arturo Rodriguez says, “If we asked all the undocumented immigrants to leave the country, the agriculture industry would die.”

Since its launch, the campaign website have received 2 million views. 5300 people have filled out the application form, but once they find out about the low pay and extremely difficult working conditions, most applicants withdraw their application. Only 3 people out of all those that applied are actually working in the fields.

Talk show host  Stephen Colbert had teamed up with the union to promote the campaign. Colbert interviewed Arturo Rodriguez last night on his popular talk show and signed on to be a farm worker, following up his commitment with the question, “It will be air-conditioned, right?” The hysterical interview addressed Arizona’s new law SB1070, growing anti-immigrant sentiment, and invited Americans to take the jobs that the U.S. Bureau of Labor Statistics has called one of the top ten most dangerous jobs in the nation. Their exchange went like this (skip to timecode 16:41 on the video) -

Stephen Colbert- You are the 2nd President of the UFW union. What are you working on right now?

Arturo Rodriguez- We are working on improving the lives of farm workers.

SC- Why do we need to improve the rights of farm workers? Don’t get me wrong, you seem like a nice guy, but they’re mostly illegal immigrants correct?

AR- This, is true, but…

SC-So they’re taking our jobs?

AR- Not really…

SC- Yes, really.

AR- No

SC- Those jobs belong to American farm workers.

AR- Americans do not want to work in the fields. It’s very difficult work, it requires a lot of expertise and the conditions are horrid…

SC- In summer, California is the salad bowl of the country. In winter, salad is grown in Arizona. Are these workers going to go to Arizona if SB1070 gets passed?

AR- If it is enforced, it will be very difficult for them to go, yes…

SC- So is there a chance I won’t have my lettuce?!

AR- There’s a chance that lettuce prices would sky rocket….!

Colbert highlighted how unlikely it was that American workers would be lining up to pick grapes for pay as low as $8 an hour. But in an honest attempt to open up the sector to citizens, the campaign addresses the argument that American workers are harmed by immigration.

It is essential to pass immigration reform that provides due process and fairness to everyone who is crucial to the growth of our country. Because when we deny due process to some, we deny rights to all. Let President Obama and Congress know they must restore fairness to our broken immigration system NOW!

Move on Arizona (or be left out)!

It is clear that Arizona’s extreme stance on immigration enforcement has caused a stir across the country- one that can be felt within the political arena, the media, and immigrant rights and human rights groups, in addition to catapulting the immigration debate into the limelight. Arizona’s SB1070, which makes it a crime to be undocumented in Arizona and mandates that local police stop and question people who seem “reasonably suspicious” of being undocumented, is scheduled to be enforced by July 29th unless the numerous legal challenges to the law, including the most recent Department of Justice lawsuit against it, succeed in stopping it in its tracks.

While polls show that a number of people support the state’s intervention in immigration enforcement, as we get closer to d-day for the implementation of SB1070, the boycotts against Arizona continue to pile up. Irrespective of the different ways in which the law is being debated, what is for certain is that the state of Arizona is doing a stellar job of isolating itself in a number of ways, both nationally and internationally.

While Mexico’s President Felipe Calderon has already denounced Arizona’s decision to implement SB1070 on a number of occasions, a recent sign of the adverse impact such a law will have on foreign relations between the U.S. and Mexico and other Latin American countries comes in the form of the U.S.-Mexico Border Governors Conference that takes place every year. This annual conference provides an important arena for the governors of 6 Mexican states and 4 U.S. states to come together and discuss issues that are common to all of them, as well as function as a space to represent the unity of the two nations of border issues. For the first time in the 28 years that this conference has been running, it looks like SB1070 might have put a spoke in its wheel. This year’s conference was scheduled to take place in September and through a rotational system, was to be hosted in Arizona by Gov. Jan Brewer, who has championed the new anti-immigrant state measure. Following the announcement of Gov. Brewer as the chairwoman for the 2010 conference, all six Mexican governors wrote to her expressing their umbrage with the law and their plans to boycott this year’s conference to demonstrate their protest against SB1070. The governors wrote that they would not set foot in the state of Arizona because they considered the law, which Gov. Brewer continues to support, to be “based on ethnic and cultural prejudice contrary to fundamental rights.”

Gov. Brewer expressed her disappointment at the boycott saying-

The people of Arizona and the people of America support what Arizona has done…For them to basically not attend here because of that, I think is unfair.

Based on the governors’ boycott of the conference, Gov. Brewer canceled it this Wednesday. The governor’s of the other border states, some of whom do not support the new law, have questioned Gov. Brewer’s authority to cancel the conference and are looking to move it to a different state. And it looks like this might not be the only thing to be leaving Arizona because of it’s harsh new law.

Some time ago we had written about the ways in which baseball players were taking a stand against SB1070. Given that 27% of baseball players are Latino, there has been growing talk about the 2011 All-Star game, which is currently scheduled to be held in Phoenix, Arizona, being moved to another state as long as the unconstitutional and potentially racist law was in effect. As we come up to the 2010 All-Star game, which is taking place in California next week, civil rights and immigrant rights organizations are putting pressure on Bud Selig, the Major League Baseball Commissioner, to move the 2011 game to a state where the players and the fans do not have to worry that they will be singled out by the police for the color of their skin. A few weeks ago, New York Rep. Jose Serrano sent a letter to Bud Selig urging him to move the All-Star game from Arizona and to take an official stand against the law that many players feel is an affront to civil liberties and to the spirit of baseball, but got no response. Opponents of SB1070 and civil rights groups that are mobilizing support to ‘move the game’ held a protest outside the headquarters of MLB earlier today.

As more and more examples come in of the ways in which this draconian law is adversely impacting all aspects of society and culture, states like Utah, Oklahoma and South Carolina are working on following Arizona’s lead and introducing similar bills in their states. As more states think of taking immigration enforcement into their own hands, it is important to keep in mind that when we deny due process to some and compromise their civil liberties, we compromise the human rights of all.

Photo courtesy of nytimes.com

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Department of Justice vs. Arizona

In the short time since Arizona passed SB 1070 into law, it has become one of the strongest and most controversial symbols of our nation’s debate on immigration. SB 1070 requires the police to stop anyone that has a “reasonable suspicion” of being undocumented but once enacted, it is believed that may well lead to unconstitutional racial profiling and a breakdown of trust between police and the communities they protect. But SB 1070 is also emblematic of the frustration that many have with our broken immigration system, a sign that states have decided to take immigration into their own hands as Congress remains in a deadlock over immigration reform. The latest catalyst for this debate -  a lawsuit filed by the Department of Justice brought against the state of Arizona and SB1070 on July 6th, 2010.

Analysis over the implications of the lawsuit are rife in the media. Many are looking at the lawsuit and its potential for setting a new precedent with regards to the tussle between the federal government and state laws around immigration. Previous precedent shows a tendency for federal courts to side with the federal government on cases when states and cities pass laws that conflict with federal immigration law. An article in the Wall Street Journal traces this precedent back to laws in the 1880s aimed at limiting Chinese immigration. While the dispute could go either way, some analysts hold that that the federal court could only block sections of the law, while allowing some others to be enforced.

By bringing a lawsuit against the state of Arizona, the Obama administration (via the Justice Department) has taken a strong stand against the law. But an article in the Washington Post discusses further implications of this stand. The article quotes the Democratic strategist who spoke about the implications of the lawsuit for the Democrat party -

There is probably some short term pain politically given how popular the law is…But considering the demographic changes the country is undergoing, long term, there is a lot of upside in advocating for Latinos and comprehensive immigration reform.

While the Obama administration is advocating for comprehensive immigration reform, the Democrat party has continued to play safe so as not to alienate the large electoral base that supports the Arizona law and other enforcement heavy approaches to immigration. On the other hand, many Republicans, who support the law and an enforcement heavy approach, continue to emphasize a secure border-then reform approach, a rhetoric that leads to little progress on the issue. Republicans such as Senator John McCain,who previously argued for comprehensive reform, have abandoned their support of an immigration overhaul in the face of resentment and anger from within the party as well as from anti-immigrant groups such as the Tea Party Movement.

In the midst of all these actions are ordinary people suffering disruptions to their everyday lives on account of an immigration system that remains unjust and broken.

Photo courtesy of americasvoiceonline.org