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Arizona immigration law motivates Latino youth as DOJ sues Sheriff in civil rights probe

The U.S. Justice Department is suing Sheriff Joe Arpaio saying he has refused for more than a year to turn over records in an investigation into allegations his department discriminates against Latinos.  In partnership with federal immigration through a 287(g) agreement, Sheriff Arpaio is infamous for his “reign of terror” against immigrants in Arizona. His tactics have made him the undisputed poster boy for immigration enforcement through local police and an example of the dangers of racial profiling, triggering an investigation by the Justice Department over allegations of discrimination and unconstitutional searches and seizures.

Its the policies of Sheriff Arpaio’s and Arizona’s 287(g) agreement that target immigrants and their families that have left Latino youth feeling anxious and frustrated, yet motivated to defend fairness, freedom, and respect for diversity, according to a new National Council of La Raza report.

Federal inaction on comprehensive immigration reform has opened the door wide to a barrage of state and local measures (including Arizona’s SB1070) that target immigrants, generating anti-immigrant and anti-Latino sentiment. As a result, many Latinos, whether they are recent immigrants or third-generation citizens of the United States, are feeling under attack.

The youth spoke about their worries for family and friends, their alarm over racial profiling and discrimination, and growing concern over the breakdown of the American values of equality and respect for diversity.  They also spoke about their resolve to overcome these challenges by taking action and getting more engaged in their communities.

Some of the comments in the report reflect their frustration with SB 1070 and the slow progress toward comprehensive immigration reform. “We were moving to find a solution with immigration and then [when] SB 1070 started we took 1,000 million steps back,” said one. “I hate the law, I feel it is inhumane, especially in a country where freedom is sought. It instills a common fear in immigrants no matter where they are because they are what police are looking for,” said another, feeling the impact of the law as a violation of justice.

Latino youth represent 22% of the U.S. population under the age of 18, and 92% are U.S. citizens and are a powerful voting bloc. They account for 22% of children under age 18, and by 2030 they are projected to make up nearly one-third (31%) of the child population.

Many expressed their resolve to overcome challenges presented through political activism. “The Latino community has to take action to move forward and overcome this barrier. Now we know that we need to stand up for ourselves and show others that we are the future leaders.”

It’s time to stop divisive politics and take action for immigration reform.

Photo courtesy nydailynews.com

Posted by madhuri on September 2nd, 2010 in 287G, Blog, Enforcement, Family, Human Rights, Immigration, Race, Racial Profiling | Tags: , , , , | No Comments »

Human rights in the United States? Where do we stand?

The United States has submitted its first ever report to the United Nations Human Rights Council, a wide ranging report on human rights all 192 members of the United Nations are required to produce. Calling it “a roadmap for our ongoing work within our democratic system to achieve lasting change”, the report stressed the importance of the U.S. political system in safeguarding rights.

According to the Associated Press, “High unemployment rates, hate crime, poverty, poor housing, lack of access to health care and discriminatory hiring practices are among the challenges the report identified as affecting blacks, Latinos, Muslims, South Asians, Native Americans and gays and lesbians in the United States.”

The report was compiled from viewpoints and concerns of hundreds of people representing a diversity of communities and viewpoints at gatherings across the country. One strong focus for concern related to immigration and racial profiling by law enforcement agencies.

According to the report, many Muslim, Arab-American, and South Asian citizens shared their experiences of intolerance. The government expressed the many measures it is undertaking to combat discrimination, including through the Attorney General’s ongoing review of the Justice Department’s 2003 Guidance Regarding the Use of Race by Federal Law Enforcement Agencies which will recommend any changes that may be warranted. Much more can be done including rehauling the guidance, passing the End Racial Profiling Act and stopping agreements between federal immigration and local police.

The latter point surfaced in the report through reference to Arizona’s new law SB1070 and the 287(g) program, made famous by the anti-immigrant raids and tactics of Sheriff Arpaio. The Department of Homeland Security relies upon programs such as 287(g), Secure Communities and the Criminal Alien Program (CAP) which tie up local and state police with immigration enforcement. The report spoke of constant vigilance for safeguards that will prevent racial profiling and civil rights violations. In reality, these programs have inevitably lead to many racial profiling violations, providing an incentive to state and local police to arrest persons who look or sound “foreign” so that their immigration status may be checked.

The report also reference President Obama’s firm commitment to fixing our broken immigration system, a task that seems to be endlessly tied to political manoeuvrings.

Other issues touched upon include problems faced by American Indians and Alaska Natives, with nearly a quarter of Native Americans living in poverty, unemployment with unemployment rates for African Americans at 15.8%, for Hispanics at 12.4%, and for whites at 8.8%, and the “Don’t Ask, Don’t Tell” statute which prevents gays and lesbians from serving openly in the military.

The Associated Press reports,

The report’s findings were cautiously welcomed by human rights activists but will likely draw fire from conservatives who opposed joining the council.

It is good to see the administration engage in a review of human rights, but more emphasis needs to be laid on fixing immigration, racial profiling concerns, prison conditions, death penalty issues and more.

Posted by madhuri on August 24th, 2010 in 287G, Blog, Enforcement, Human Rights, Immigration, LGBTQI, Race, Racial Profiling | Tags: , , , , , , , , , , , | No Comments »

Feds may have held off Arizona law, but border law gets the green light

Although a federal judge struck down on some of Arizona’s anti-immigrant law SB 1070’s major provisions in a critical victory, the untrue notion that Washington has lost control of the border remains. Within this atmosphere of hate and misinformation, President Obama signed a $600 million bill that increases appropriations for border security in a piecemeal approach to immigration reform, leading to profound disappointment at Congress’s decision to propose, promote, and pass border enforcement bill HR 6080. In a statement on the passage of the bill into law President Obama said,

“I have made securing our Southwest Border a top priority since I came to office… So these steps (passage of the law) will make an important difference as my administration continues to work with Congress toward bipartisan comprehensive immigration reform to secure our borders, and restore responsibility and accountability to our broken immigration system.”

For many, the emphasis on increased enforcement without any effort to address the egregious violations that come along with these is unacceptable. The New York Immigration Coalition for one argued,

The immigration crisis is dividing our nation in ugly ways we have not seen in generations – a situation exacerbated by ramped-up enforcement.  Not only is it not solving the immigration crisis, it is also tearing up our communities and our nation.  However much money is thrown at aerial drones and border agents and the like, it still won’t fix the problem.

Ironically, HR6060 was introduced by Senator Charles Schumer who is leading the immigration reform effort in Congress, and was passed unanimously in the Senate. The approaching Senate elections seem to have driven forth the abrupt decision, as jobs and border security are considered issues expected to be on voters’ minds when they go to the polls in November. House Democrats actually called a special session to pass the border security bill as well as a $26 billion aid bill to keep teachers and other public workers from being laid off.

The border security measure would fund the hiring of 1,000 new Border Patrol agents to be deployed at critical areas along the border, 250 more Immigration and Customs Enforcement (ICE) agents, and 250 more Customs and Border Protection officers. It provides for new communications equipment and greater use of unmanned surveillance drones. Almost one-third of the money goes to the Justice Department to help agencies such as the FBI, the DEA and the ATF deal with drug dealers and human traffickers. The bill is funded by raising fees on foreign-based personnel companies that use U.S. visa programs, including the popular H-1B program, to bring skilled workers to the United States. India says higher fees would discriminate against its companies and workers.

According to Los Angeles Times,

Immigration is an important election-year issue for some voters, and supporters of the measure from both parties hope it will demonstrate that Washington is capable of addressing border security after Arizona passed a tough illegal immigration law.

For these very reasons, many organizations oppose the law, shunning these politically expedient strategies which ultimately damage immigrant communities, instead calling for a renewal of the administration’s commitment to uphold our nation’s values and achieve real progress on immigration reform. With the negative focus on enforcement, many are calling for passage of the Dream Act and AgJobs in September to help undocumented students and farmworkers as important down payments on the broader reform that is needed. At the same time, they are calling for President Obama and the Department of Homeland Security to implement administrative reforms that would provide relief to those at risk of deportation and family separation and measures that would restore basic due process to the immigration system. As Deepak Bhargava from the Center for Community Change noted,

It is extremely disappointing to see Congress fall for Republicans’ wholly manufactured allegations of an insecure border. Every study and report shows the border has never been safer. Crime statistics, free of political bias, show crime has never been lower…Republicans are impervious to facts.

According to blog ImmPolitic, many Republicans who keep calling for more border security before considering immigration reform will never be satisfied.

As we wrote about here and here, a series of enforcement “benchmarks” were set in the 2007 immigration reform legislation.  Those “benchmarks” have largely been met, and more enforcement resources have been deployed that were not contemplated at the time.  Still, politicians who are opposed to actually fixing our broken immigration system call for more enforcement.  They have moved the goalposts, and they will move them again.

Instead of building on the victory of the Arizona lawsuit, Congress and President Obama is taking a step backward.

Photo courtesy of www.latimes.com

Posted by madhuri and priya on August 16th, 2010 in Blog, Due Process, Enforcement, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , | No Comments »

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.

Posted by madhuri on July 27th, 2010 in Blog, Deportation, Detention, Due Process, Enforcement, Family, Human Rights, Immigration, LGBTQI, Race, Racial Profiling | Tags: , , , , , , , , , , , , , , , | No Comments »

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

Posted by Priya on July 21st, 2010 in Blog, Deportation, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , | No Comments »

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

Posted by madhuri on July 20th, 2010 in Blog, Deportation, Enforcement, Family, Human Rights, Immigration, Race, Racial Profiling | Tags: , , , , , , , , , , , | No Comments »

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!

Posted by madhuri and ishita on July 9th, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , | No Comments »

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

Posted by madhuri and ishita on July 7th, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , , | No Comments »

Breaking news – Department of Justice files lawsuit against Arizona law

In a much anticipated move, the Department of Justice has filed a lawsuit against Arizona’s SB1070 today, retaliating against the harsh anti-immigrant law that requires local police to detain suspected of being undocumented. The law, slated to begin on July 29th, is the subject of national controversy coming under fire from civil rights advocates for giving racial profiling the green light.

The Department of Justice accuses the state of Arizona of crossing “the constitutional line” by interfering with the federal government’s authority to create and enforce immigration law. The lawsuit, with Arizona Gov. Jan Brewer and the state of Arizona as defendants, argues that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country”, drawing on the “preemption” doctrine which works off the Supremacy Clause in the U.S. Constitution, a clause that gives federal law precedence over state statues.

In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress. The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests… Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws…Accordingly, S.B. 1070 is invalid under the Supremacy Clause of the United States Constitution and must be struck down.

The lawsuit also challenges the anti-immigrant law saying that if enforced it will lead to the diversion of precious resources away from targeting those who have committed serious crimes. U.S. Attorney General Eric Holder defended the lawsuit-

Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns…But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety… Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.

The brief also calls out the law on humanitarian grounds arguing that making the enforcement of law mandatory for the police will inevitably result in the unjust harassment and detention of foreign visitors, legal permanent citizens, and citizens who might not be able to immediately prove their legal status. Accompanying the lawsuit were declarations from many police chiefs, including from Tucson and Phoenix, who have said that if implemented, SB 1070 will hamper their ability to effectively police their communities.

Late last month Secretary of State Hillary Clinton announced that the Department of Justice was preparing to sue the state of Arizona over SB 1070, sending waves through the media and political networks. President Obama has spoken out against the law.

…the recent efforts in Arizona, which threatened to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe.

The federal lawsuit joins five other lawsuits against SB 1070, including a class action suit field by the American Civil Liberties Union on the grounds that it violates the First Amendment, encourages racial profiling, and interferes with the jurisdiction of the federal government. The government has asked for a preliminary injunction and delay in the enforcement of SB 1070 until the case is resolved. A hearing to decide this will take place on July 22nd in a Federal courthouse in Phoenix.

SB 1070 is a shocking example of what goes wrong when the need for comprehensive immigration reform is not addressed. When we allow our government to deny due process and fairness to some, we put all of our human rights at risk. The Arizona law has already resulted in copycat legislation in other states, which if allowed to continue unchecked will add more chaos to a broken system and further marginalize vulnerable groups.

By filing this lawsuit, the federal government has sent a direct message that they will not tolerate laws like SB1070 that instigate racial stereotyping and interfere with the federal enforcement of immigration law. In an address on immigration last week, President Obama called for bipartisan support to fix the broken immigration system.  Please keep up the momentum and write to President Obama and your Members of Congress to take action on immigration now.

Photo courtesy of politico.com

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Posted by madhuri and ishita on July 6th, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration, Race, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , | No Comments »

President Obama gives immigration reform a boost on Independence Day weekend

How fitting it is that the day after President Obama delivered his first speech devoted entirely to the issue of immigration reform, 150 people are being sworn in as naturalized U.S. citizens on Ellis Island. In an address at American University, President Obama vowed not to “kick the can down the road” on immigration reform, restating his desire to fix a broken immigration system.

In his speech, the President asserted the need for a pathway to citizenship for the estimated 11 million people currently residing in the U.S. who do not have legal status, while stressing that the U.S. government secures the border, and businesses face consequences for hiring undocumented workers and keeping wages depressed. Calling on Congress to pass a comprehensive plan to fix an immigration system that is “fundamentally broken,” President Obama tackled the issue that has been the subject of contentious political debate in these months leading up to the mid-term November elections. He spoke about the “…estimated 11 million undocumented immigrants in the United States” and said that “the overwhelming majority of these men and women are simply seeking a better life for themselves and their children.” The President cautioned against rounding up and deporting the undocumented immigrants that are an intrinsic part of American society and economy, and against a blanket amnesty for all that he said would be “unwise and unfair…would suggest to those thinking about coming here illegally that there will be no repercussions for such a decision,” and “could lead to a surge in more illegal immigration. ” Instead, he advocated for a solution that eschewed both polar extremes of the debate in favor of rational middle ground. He said-

Ultimately, our nation, like all nations, has the right and obligation to control its borders and set laws for residency and citizenship.  And no matter how decent they are, no matter their reasons, the 11 million who broke these laws should be held accountable. Now, if the majority of Americans are skeptical of a blanket amnesty, they are also skeptical that it is possible to round up and deport 11 million people. They know it’s not possible. Such an effort would be logistically impossible and wildly expensive. Moreover, it would tear at the very fabric of this nation -– because immigrants who are here illegally are now intricately woven into that fabric.  Now, once we get past the two poles of this debate, it becomes possible to shape a practical, common-sense approach that reflects our heritage and our values.

This speech was influenced by a number of recent developments in the immigration issue. Most notably, Arizona’s harsh anti-immigrant law that has set a precedent for states around the country taking the enforcement of immigration law into their own hands. Since April 23rd, when Arizona Gov. Brewer signed off on the law, its unconstitutional statutes that give a green light to racial profiling, have catapulted the immigration issue and the Federal government’s inaction on it, into center stage. The controversial “show me your papers” law, which is currently under review by the Department of Justice, has “fanned the flames of an already contentious debate,” Mr. Obama said. President Obama acknowledged the frustration that has led to Arizona and the 20 other states that are in the process of implementing similar laws as “understandable,” but stated that it was “ill- conceived” and that it “put huge pressure on local law enforcement to enforce rules that ultimately are unenforceable.” Referring to the police chiefs that have stood in opposition to SB1070, he said that laws such as these make communities less safe by “driving a wedge between communities and law enforcement, making our streets more dangerous and the jobs of our police officers more difficult.” He criticized this “patchwork of local immigration laws” for having “the potential of violating the rights of innocent American citizens and legal residents, making them subject to possible stops or questioning because of what they look like or how they sound.”

In his undeniably political speech, President Obama stressed the necessity for bipartisan support for immigration reform. He took Republicans to task for the lack of movement on immigration reform in Congress, specifically calling out the 11 Republicans Senators who had shown support for a comprehensive reform bill in 2006, and subsequently withdrawn this support, with the Republican party now unanimously calling for a “border security first” approach and balking at a comprehensive reform bill. Obama argued that the process has been “held hostage” by “political posturing, special-interest wrangling and . . . the pervasive sentiment in Washington that tackling such a thorny and emotional issue is inherently bad politics.” Referring to his recent b0lstering of border security by sending 1200 troops to the border, he said that the border was now more secure than it had been in 20 years, and that crime along the border was at a record low. Moreover, he dismissed the “border security first” approach saying that the systemic problems were too vast to be fixed with “only fences and border patrols.”

The President’s speech has been criticized for offering no “new solutions, timetables or points of compromise. Instead, he outlined a longstanding prescription for change that, in addition to having no support from Republicans in Congress, also has failed to unite his fellow Democrats.”

And even as President Obama waits for bipartisan consensus on immigration reform, families continue to be torn apart, immigrant youth live in fear of being deported, violations in detention continue to grow and local and state police armed with immigration powers bring fear to communities. Many of these problems can be tackled be administrative measures, but there was little spoken of in the speech. No action was pledged on any of the bills already in Congress though he did mention support for the DREAM Act that would give undocumented students a chance to live in the U.S. And even with a forum for an announcement on whether the federal government is going to sue the state of Arizona, no mention was made on the issue. Many groups have decided to take action into their own hands.

Following on the heels of President Obama’s address, leading law enforcement officials shared their concerns about programs that require enforcement of immigration laws by state or local law police, a trend that continues in absence of a federal solution. With the country’s foremost police chiefs and sheriffs speaking out against such enforcement that undo decades of progress in community policing, Presente.org in collaboration with the National Day Labor Organizing Network (NDLON) and the Trail of DREAMs is launching an ambitious new campaign calling on the President to use his power to create real change, starting with ending the deeply problematic 287g program.

Reform Immigration for America is asking people to write to Senate Republicans, asking them to”stop holding up the process and hurting families” America’s Voice is asking people to support the DREAM Act, “a stepping-stone to broader reform that we can pass right now” to support “youth who would qualify to earn citizenship under the DREAM Act who are future valedictorians, nurses, computer programmers, and soldiers.”

And Restore Fairness is calling on President Obama and Members of Congress to fix the broken detention and deportation system that traumatizes families and has led to many human rights violations.

While we are encouraged by the President’s speech and commitment to the issue of immigration, and reminded of our nation’s proud immigrant heritage, there is a deep need for bipartisan action as peoples lives hang in the balance.

Photo courtesy of nydailynews.com

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Posted by ishita on July 2nd, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration, Race, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , | 1 Comment »

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