Does your race and income matter if you face the death penalty?

It is no secret that our country’s criminal justice system has consistently proven to be biased against minority communities of color. Statistics published by the NAACP show that even amongst those found guilty of crimes, African-Americans continue to be disproportionately sentenced to life in prison, face higher drug sentences, and are executed at higher rates when compared to people of other races. Michelle Alexander speaks of a “color-coded caste system” in The New Jim Crow that marginalized communities who encounter the criminal justice system.

Seasoned Texas attorney David R. Dow’s new book The Autobiography of an Execution provides an exploration of the death penalty, written through the eyes of a man who has spent 20 years defending over a hundred death-row inmates, most of whom died, and most of whom were guilty. As the head litigator for the Texas Defender Service, a non profit legal aid organization in the state that boasts the highest number of executions since 1976, Dow presents a powerful argument against the death penalty system. Candidly exploring how he balances such a trying job with being a good father and husband, Dow’s extremely personal book only works to strengthen the argument that the broken criminal justice system operates on a vicious cycle based on racial and economic disparity.

In his book, Dow opposes the unequal basis on which some criminals are sentenced to be executed while others aren’t, and deems the criminal justice system “racist, classist (and) unprincipled.” He opposes the death penalty as a flawed and unjust facet of the criminal justice system. Based on his experience, he notes that while he believes that a majority of the clients he represented were, in fact, guilty, there was very little separating those criminals from others who were guilty of the same crime, other than “the operation of what I consider to be insidious types of prejudice.” Most unsettling is his severe mistrust of members of the justice system – police officers, prosecutors and judges – whom he believes would “violate their oaths of office” and put men and women on death row who they think “deserve to be there”.

In Dow’s exploration of the politics behind the death penalty, perhaps the most tenacious argument against it is the blatant way that the intersections of race and class influence the outcome of a criminal case. Dow says,

…if you’re going to commit murder, you want to be white, and you want to be wealthy — so that you can hire a first-class lawyer — and you want to kill a black person. And if [you are], the odds of your being sentenced to death are basically zero…It’s one thing to say that rich people should be able to drive Ferraris and poor people should have to take the bus. It’s very different to say that rich people should get treated one way by the state’s criminal-justice system and poor people should get treated another way. But that is the system that we have.

Photo courtesy of chicagotribune.com

POLL: Does race and income matter if you face the death penalty?

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How has the immigration system fared one year under Obama’s presidency?

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

POLL: Has DHS done enough to reform the broken immigration system?

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Down to the Wire: Vote for us in the next 3 hours for fairness in immigration

Picture 2We’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.

Photo courtesy of Change.org

Legendary NY District Attorney calls the way we treat immigrants “a national disgrace”

90 year old Robert Morgenthau, New York’s legendary District Attorney for 35 years is recently retired, and has already dived into his new role at law firm Wachtall, Lipton, Rosen and Katz where he has committed to fighting for the rights of all immigrants in the United States.

Considered the inspiration for Law & Order, New York’s highest prosecuting office was presided over by Morgenthau, and was responsible for tens of  thousands of cases, including many high-profile trials. That’s why, when he speaks of the need to ensure the basic constitutional rights of every single person, particularly those at the margins, we need to pay attention.

In an interview with WNYC, Morganthau did not mince words on expressing his views on the current system.

Brian Lehrer: You’ve also been thinking about immigration law and the interface between criminal courts and immigration courts and immigration detention. This is something you said you were going to work on after your retirement and now you are. What have you been thinking about?

Robert Morgenthau: I think, the way we treat immigrants is a national disgrace and I’m ashamed of what we do. I think anybody who’s here in the United States, legal or illegal, is entitled to the full protection of the law and they’re not getting that. I set up an immigration program in the D.A.’s office and I publicly announced, over half a dozen times, that we would turn nobody over to the Federal authorities, as long as they continued to deprive these undocumented immigrants of their constitutional rights. And it’s a very, very serious problem, and again its a stain on our reputation. There are 2 problems one is the problems with laws themselves, and second is the way they are applied.

Morgenthau also spoke passionately about the need for a fair trial, whether in relation to the trial of 9/11 suspect Khalid Shaikh Mohammed, or to a “friend of the court” brief by the Brennan Center for Justice he recently signed backed by 62 prosecutors who are calling for more funding for indigent defendants. While this particularly applies to the criminal justice system, it is also an acute problem with the immigration system. More than half of of the people in deportation proceedings and 84% of people in detention do not have representation.

Brian Lehrer: Why is a prosecutor arguing for more defense attorneys?

Robert Morgenthau: As a prosecutor, I always slept better at night if i knew the defendant was well represented. I mean, our criminal justice system is an adversary system but for it to work you’ve got to have competent lawyers on both sides of the table… it’s critical to our system of justice.

When those fully immersed in the legal system speak out on the injustice of immigration law, we need to pay attention.

POLL: Do you agree with Robert Morgenthau's statement on the way we treat immigrants?

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Photo courtesy of www.nytimes.com

An overwhelmed immigration court system takes away due process

That’s Judge Dana Marks, President of the National Association of Immigration Judges, and someone who is an immigration judge day in and day out, speaking out  for an Article I Court or an independent court system for immigration cases.

Few disagree with her. Based on a detailed and researched report, this week the American Bar Association urgently called for Congress to radically reform an overwhelmed immigration court system choked by an exploding caseload and outside pressures.

Many people assume that immigration courts are within the judiciary but immigration courts are actually administrative units housed with the Department of Justice. Besides being completely overwhelmed with cases because of ever increasing enforcement (instead of an overall immigration reform strategy), many people challenge the neutrality of the courts because of their lack of independence from their overseer.

Immigration courts must be fair. Especially since deportation is like life or death sentence for many.

In 2008, the Department of Homeland Security which enforces immigration laws detained 378,582 noncitizens and deported 358,886 noncitizens (compare that to 69,000 removals in 1996).  This worked out to an average of 1,243 proceedings per year for each immigration judge, three times the load of federal district judges. Of these more than 10,000 appeals ultimately reach federal circuit courts, overwhelming many of these courts, and in immigration heavy areas comprising 35% to 40% of the entire caseload.

Besides the clear lack of resources, courts face public skepticism and a low level of respect for the process due in part to their lack of independence.

The answer according to a report with the ABA lies in the establishment of an Article I court that would offer vast improvements over the current system, including greater independence and perceptions of fairness. It would also allow greater flexibility in seeking resources directly from Congress, leading to more efficiency and professionalism.

It’s an important step forward to restoring fairness to a broken court system.

POLL: Should an immigration court system independent of the Department of Justice be set up?

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Hunger strike at immigration detention center still going strong at 2 weeks

Time Code 8:22. Tune in and listen. Because it’s not the first time a hunger strike has hit the Port Isabel Detention Center in Southern Texas.

Within the growing momentum of inspiring actions across the country (culminating in a massive rally in Washington D.C. on March 21st) are a group of 70 detainees at Port Isabel who quietly began a hunger strike two weeks ago to ask for fairness and justice in the immigration system (incidentally the strike was timed on the same day as the National Day of Action Against Sherrif Arpaio.)

Acknowledging a tribute to Martin Luther King Jr. day, they announced their action, demanding a suspension of immigration enforcement until the passage of comprehensive immigration reform.

The broken immigration system does not guarantee impartial hearings to immigrants, violates due process, and continues to terrorize immigrant communities by taking away civil liberties, human rights and exhausting the will of immigrants with psychological torture and deplorable conditions until deportation feels like the only way out of the detention nightmare, regardless of the theoretical probablity of winning their case.

One example – people feel that they are being “experimented on for medication for mental illness, complaining that drugs were given out “like candy” without any mental health evaluation.

The strike is worryingly reminiscent of what took place in April 2009, when detainees at Port Isabel undertook a similar mass hunger strike to protest the frequent use of solitary confinement, extended or prolonged detention, and abuse. This was followed by isolated strikes and protests by other detainees in May and August 2009, all of which fell on deaf ears.

Far from receiving anything by way of a positive response, the authorities have only retaliated with attempts to break up the strike, including isolation and quarantine of hunger strikers and reorganizing people amongst different “pods” in an attempt to break the strike. After Southwest Workers’ Union members were invited to tour the facility to do away with any “misconceptions” they have about the conditions there, they were shocked when not only them but families of detainees as well as press were turned away.

But nothing beats hearing from the voices of those in detention. Listen to this Free Speech Radio report with hunger striker Kelly Maharaj, Congressman Solomon Ortiz and Anayanse Garza at the Southwest Workers’ Union.

Despite the promise of detention reform and the positive changes that we are (hopefully) about to see in the system, actions like these will continue until we see  immigration reform that moves away from an enforcement-only approach to one that celebrates diversity.

Photo courtesy of www.dhs.gov

Finding immigration reform in Obama’s State of the Union address

Picture 1Yesterday, 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.

And there are many who expect more.

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.

Protest on the eve of State of the Union address to ask for immigration reform

4307309968_b3dcd2336aAt 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.

EunSook Lee, executive director of the National Korean American Service & Education Consortium, stated,

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 you to vote now @ “Ideas for Change in America” to restore fairness to immigration

Picture 2We 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.

Photo courtesy of Change.org

Progressive bloggers and advocates set the stage for immigration reform in 2010

Next Up, Comprehensive Immigration Reform “Not the usual suspects-” This is how Nico Pitney, National Editor for the Huffington Post and moderator on a panel discussion about the prospect of immigration reform, introduced his fellow panelists. Organized by the Center for American Progress, Netroots Nation, and America’s Voice, the panel featured some of the leading voices for comprehensive and just immigration reform, including Markos Zúñiga, founder and editor of Daily Kos, Andrea Nill, immigration blogger for Think Progress, and María Elena Durazo from the AFL-CIO.

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.

Using Rep. Gutierrez’s bill as a solid base, Andrea Nill began by clarifying the fundamentals of Comprehensive Immigration Reform which would include,

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.