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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 »

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 »

Obama’s bittersweet immigration speech

We want to commend President Obama for taking an enormous step to talk about the immigration debate as openly and honestly as he felt he could. He shared what many of us who work tirelessly on the issue have known for some time – “this is a nation of immigrants.” He talked about how immigration has made America the place that it is and that our diversity is an asset. He made the powerful statement:

“These women, and men and women across this country… remind us that immigrants have always helped to build and defend this country -– and that being an American is not a matter of blood or birth. It’s a matter of faith. It’s a matter of fidelity to the shared values that we all hold so dear. That’s what makes us unique. That’s what makes us strong. Anybody can help us write the next great chapter in our history.”

He also shared that each new generation of immigrants has been met with fear and resentment – the Jewish, Irish, Chinese and more. And for acknowledging these things and reminding the public we thank you.

Obama made it clear that there is an urgent need for immigration reform. Our national fervor moved Obama to make his speech, and offer a platform for a public roundtable of questions.

“He thought this was a good time to talk plainly with the American people about his views on immigration,” spokesman Bill Burton said.

And we again thank the President for shedding light on the problems of the legal immigration system. He said:

“The result is an estimated 11 million undocumented immigrants in the United States. The overwhelming majority of these men and women are simply seeking a better life for themselves and their children. Many settle in low-wage sectors of the economy; they work hard, they save, they stay out of trouble. But because they live in the shadows, they’re vulnerable to unscrupulous businesses who pay them less than the minimum wage or violate worker safety rules… Crimes go unreported as victims and witnesses fear coming forward…”

“The legal immigration system is as broken as the borders. Backlogs and bureaucracy means the process can take years. While an applicant waits for approval, he or she is often forbidden from visiting the United States –- which means even husbands and wives may be forced to spend many years apart. High fees and the need for lawyers may exclude worthy applicants. And while we provide students from around the world visas to get engineering and computer science degrees at our top universities, our laws discourage them from using those skills to start a business or power a new industry right here in the United States…”

With this, we became somewhat empowered, excited by his public denouncing of the system, but we are a still confused by the direction our nation will take. We’re not alone, from Brad Bannon of the US News blog: “I would have liked the President’s speech even more if he had proposed a specific plan… I had hoped the President had learned from the healthcare reform battle that to get Congress to act quickly, he needs to give Congress something specific to chew on…”

We are also disheartened by some of the statements he made. He supports the DREAM Act, which grants qualifying undocumented youth with a 6-year-long conditional path to citizenship upon completion of a college degree or two years of military service. However, Obama added, “We should stop punishing innocent young people for the actions of their parents.” Here, Obama criminalizes and dehumanizes undocumented parents in our communities.

Rigo Padilla, one of dozens of migrant youth whose deportation Brownhouse has prevented, tweeted in response to Obama’s statement. He wrote, “My parents made no mistake.”

The President also used the term “illegal,” with reference to immigrants which is unnecessary and unacceptable.

Although Obama leaves us with concerns from some of his statements and still unanswered questions, he has made some steps toward immigration reform. This major Presidential speech to Congress is a start. We will see how Washington responds. Learn more about immigration reform and read a copy of Obama’s speech.

Photo courtesy of www.presidentspeech.com

Posted by Priya on July 1st, 2010 in Blog, Human Rights, Immigration | Tags: , , , , , , , , , , | No Comments »

Promising Harvard sophomore, Eric Balderas, faces deportation

UPDATE: Good news makes for good updates! U.S. Immigrations and Customs Enforcement have said that they will not pursue the deportation of Eric Balderas. ICE spokesman Brian Hale said that Balderas has been granted deferred action, which the agency can use at its discretion to halt deportation, after reviewing the merits of a case. So Eric will be able to continue his studies at Harvard and we wish him all the best in his dream of curing cancer! In the meanwhile though, they are many others like him who might not be as lucky. Support the Dream ACT so they can all have a chance at their dreams.

Until two weeks ago 19 year old Eric Balderas was a sophomore on a full scholarship to Harvard University with a major in molecular biology and the ambition of becoming a cancer researcher. In an instant, he went from representing the promise of the country’s future to being threatened with deportation to Mexico, a country that he has no recollection of.

Eric, who is undocumented, was on his way back to Boston to start a summer research internship after visiting his family in San Antonio, Texas. When he tried to board his flight at San Antonio airport, he found himself being questioned about his immigration status by TSA officials who then alerted Immigrations and Customs Enforcement (ICE). Eric was immediately handcuffed, fingerprinted and placed in immigration detention for five hours before being given an immigration hearing date and then released. Eric, who usually used his Mexican passport to board domestic flights within the U.S. had recently misplaced it, prompting him to use a Mexican consulate card and his Harvard ID on this present occasion. On a phone interview with the Associated Press he said-

I’d made it through before so I thought this time wouldn’t be any different. But once ICE picked me up I really didn’t know what to think and I was starting to break down…All I could think about was my family…

Eric told the press that he even contemplated suicide as he sat handcuffed. Shook up by his time in detention, Eric is fearful about being forced to drop out of college and return to Mexico. Eric moved to the U.S. at the age of 4, when his mother fled Mexico to escape domestic violence. As far back as he can recall, he has worked hard towards his dream of going to college and working for cancer research. Growing up, his mother worked 12-hour days packing biscuits while he babysat his younger brother and sister and juggled his homework. Speaking about his aspirations he said-

I honestly never thought I’d make it into college because of my status but I just really enjoyed school too much and I gave it a shot. I did strive for this.

Eric’s experience is a tragic example of a broken immigration system that needs fixing so that young people that have been in the country for most of their lives and are working hard to contribute to the country’s future are given a chance. Since he was detained, Eric has engendered wide support from civil rights activists, advocates and an active online community. Over the past ten days, Eric’s story has been covered by major press publications such as NPR, The Wall Street Journal, The Huffington Post, The Associated Press and ABC News, and he has become another poster child for the DREAM Act (Development Relief in Education for Alien Minors Act), an important piece of legislation which would provide a path to citizenship for the thousands of young people like Eric Balderas and Jessica Colotl who were brought to the U.S. as children and know no other country as home.

Universities such as Harvard, Brown and Tufts have been pushing for the passage of the legislation, which has been stalled in Congress since 2001. A year ago, Harvard President Drew Gilpin Faust met with Senator Scott Brown to urge him to support the measure. Christine Heenan, Harvard’s vice president of public affairs and communications, spoke of the institution’s complete support for Eric and others like him. She said-

Eric Balderas has already demonstrated the discipline and work ethic required for rigorous university work, and has, like so many of our undergraduates, expressed an interest in making a difference in the world.

Advocates and “Dream Activists” across the country have been pushing their state senators to move the DREAM Act legislation forward. If passed, the DREAM Act would permit those who came here as children (under the age of 16), and have lived here for more than 5 years, to gain legal status after completing the necessary steps such as two years of college or military service.

Eric, who previously participated in DREAM Act actions such as the “Coming out of the Shadows” day in March has taken the opportunity to become vocal about the plight of students like him. In an interview with the Harvard Crimson, he reassured his fellow Dreamers that just as he has received massive support from people around the country, there is strength in solidarity and hope for a just solution. He said-

Just hang in there. Let others know of your problem and try and gain support for the DREAM Act, because that’s ultimately what’s going to save us all.

Let’s hope that Eric is allowed to fulfill his dreams, and that others do not have to endure what he is going through.

Watch Eric’s interview with the Harvard Crimson to see how he feels about the process-

Photo courtesy of americasvoiceonline.com

Posted by ishita on June 17th, 2010 in Blog, Deportation, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , , , | No Comments »

Reform versus enforcement – Game on!

Since they began their epic journey at the beginning of the year from Miami to DC to fight for a path for citizenship for undocumented youth, the Trail of Dreams students have continuously inspired us with their unwavering courage and determination. After they delivered their demands for the DREAM Act to President Obama, they walked from Scottsdale to Phoenix last week for the National Day of Action to protest Arizona’s new draconian, anti-immigrant law that authorizes local police with immigration powers. On the way back home, they made a pit-stop in Maricopa County where they met with Sheriff Joe Arpaio, infamous for his “reign of terror” against immigrants in Arizona. In their letter requesting a meeting with the Sheriff, the Dreamers wrote-

We would like to discuss the enforcement measures in your county…We also come to show support for the proud immigrants of the Phoenix area, many of whom live in constant fear of harassment by members of your Sheriff’s Department. We want to share our stories so that you understand what it’s like for the millions of immigrants in this country who are unable to fully participate in society due to our broken immigration system.

Three of the the five students are undocumented and Sheriff Arpaio has made no bones about arresting undocumented people in the past, but the students were determined to confront him with their personal stories and ask him to become their ally in the fight for immigration reform. Sheriff Arpaio recently told reporters during a press conference that “Instead of taking them [the undocumented] to ICE, take ‘em to me. I have plenty of room in the tents.” While a complete change of heart for Arpaio might be a little far-fetched, his 45-minute meeting with the Dreamers was reasonably friendly, down to a hug between Sheriff Joe and Gaby Pacheco, one of the students. When asked why she would want to hug a man who has criminalized and persecuted so many immigrants, Gaby said-

I hugged him because I wanted him to feel the pain that our community has been feeling. But also to tell him that as a human being I don’t fear him. I told him with tears coming down that in his heart he has good, and that he has the ability to come back, you know. He was astray and doing these horrible things to our community, but he has the power in his heart to come back and fight with us against these unjust laws.

Probably aware that being too hostile to the students would lead to a massive media frenzy, the Maricopa C0unty Sheriff told the students (with the press present at the meeting) that while he is compassionate towards the plight of undocumented immigrants, he had to continue to do justice to his job of enforcing the immigration laws as they appear in the law books. The student activists told the Sheriff that they had been brought to the United States as children, had contributed to society and the country, and would not know what to do if deported back to the countries in which they were born. After sharing his own stories about living in Venezuela and Colombia during his time with Drug Enforcement, Sheriff Arpaio told the students that their demand for immigration reform would have to begin at a federal level. He left them with the  words, “You keep fighting the fight, make sure you get to D.C. and talk to the politicians.”

Taking Sheriff Arpaio’s cue, activists in New York City have been fasting to push Congress for immigration reform. On Tuesday, ten undocumented students began a hunger strike on the sidewalk outside Sen. Charles Schumer’s midtown Manhattan office to urge him to pass the DREAM Act. When asked how long they intended to continue, the group’s spokesperson, Gabriel Martinez who recently graduated from John Jay College of Criminal Justice, said they would stick it out on their blankets outside Schumer’s office “as long as we can hold.” In addition to the students, 40 activists, including New York politicians and clergy, met at Battery Park to initiate a 3-day fast for comprehensive immigration reform yesterday. Most of these fasters intend to spend the remainder of the strike at the Judson Memorial Church in Greenwich Village. In New York itself, in the past three weeks, 109 activists have been arrested for blocking traffic in front of the government immigration agencies in downtown Manhattan.

These are the latest in a long series of protests, rallies, marches and boycotts that have been taking place across the country. Spurred on by Arizona’s controversial, anti-immigrant law, immigration advocates and activists have been expressing their frustration over the inaction of the Obama administration and Congress over the issue of immigration reform. Meanwhile, Gov. Brewer, who is responsible for signing off on Arizona’s new law, SB1070, was scheduled to meet with President Obama today. Gov. Brewer requested the meeting to speak to the President about her frustration with the lack of federal action in securing the border. Recently, the same Governor told CNN that she was unconcerned about the possibility of the Department of Justice putting up a legal challenge to the new law. “We’ll meet you in court. I have a pretty good record of winning in court,” she said.

Let’s hope the White house stands its ground. Stay tuned!

Photo courtesy of twitter.com/izofice

Posted by ishita on June 3rd, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , , , | No Comments »

Federal government may not co-operate with Arizona immigration law

Immigration has and always should be a federal issue. So even if Arizona has decided to pass an anti-immigrant law that will inevitably lead to racial profiling, the federal government still has the power to do the right thing. And that’s what seems to be happening, as the head of Immigration and Customs Enforcement (ICE) John Morton expressed skepticism about SB1070, stating that ICE would not “necessarily” process undocumented immigrants referred to them by Arizona. Like President Obama’s denunciation from a few weeks ago, Morton believes that “the Arizona law, or laws like it, are not the solution”, favoring a comprehensive federal approach rather than disparate state laws to address our broken immigration system.

But while John Morton’s criticism of Arizona’s draconian enforcement measure is encouraging, his desire for increased enforcement is not. ICE is planning to step up immigration enforcement in a number of states by expanding collaborations between federal and local law enforcement through programs like 287(g) and the Secure Communities. With a record high number of deportations carried out in 2009, and a 40% increase from that in 2010, a “sharp increase” in deportations of immigrants is predicted for the end of this year.

So what Morton is not addressing is that the very same programs that are being expanded have paved the way for bills such as SB1070, by sending a signal that collaborations between local police and federal immigration is encouraged, even though these lead to racial profiling and loss of trust from communities. Take the case of Eduardo Caraballo, a Puerto Rico born Chicago resident who was arrested in connection with a stolen car last week. He maintains his innocence with regard to the car, but while that was being investigated, his real nightmare began. After his mother posted bail on Friday, Eduardo, a U.S. citizen, was told that he was being turned over to Immigrations and Customs enforcement who were detaining him on the suspicion that he was undocumented. Eduardo says he repeatedly told the officers that he was born in Puerto Rico and an American citizen.

I’m pretty sure they know that Puerto Ricans are citizens, but just because of the way I look – I have Mexican features – they pretty much assumed that my papers were fake. They were making me feel like I can’t voice my opinion or I can’t even speak for myself to let them know that I am a citizen.

The officers interrogated him about Puerto Rico but since he had moved to mainland U.S.A. when he was 8 months old, he was unable to answer them. Even after his mother presented the officers with his birth certificate and state I.D., the officers maintained that he was facing deportation. It was only after his mother contacted Congressman Gutierrez in desperation, that Eduardo was released. Rep. Gutierrez, of Puerto Rican descent himself and a big advocate for immigration reform, said that the situation is going from bad to worse. He saw Eduardo’s case in Chicago  to be emblematic of everything that would go wrong if Arizona’s anti-immigrant law was to be implemented. 

In Arizona, they want everybody to be able to prove they’re legally in the country. They want everybody to prove that they’re an American citizen. Here we had an American citizen, that the federal government… could not determine, for more than three days, his status as an American citizen. It’s very, very, very dangerous ground to tread.

While Caraballo is considering legal action, Rep. Gutierrez is hoping that this outrageous incident will  demonstrate the risk involved in the local police enforcing immigration law, and open the eyes of Congress and the White house to the dangers of racial profiling.

The urgent need for a reversal of Arizona’s law and a broader immigration reform bill has led to a series of protests around the country. 37 people, including City Council and State Assembly members, were arrested yesterday in New York city, a second in a series of planned civil disobedience actions to put pressure on the Obama administration to put a stop to SB1070,  curb detentions and deportations that separate families and enact humane immigration reform. Organizers say that they will continue resisting until their demands are met.

And on May 29th, civil rights groups and immigrant activists are organizing a massive rally against Arizona’s SB1070 law. The boycott against Arizona has been put on hold for the weekend as thousands of protesters are expected to arrive from across the country to join in a march of defiance against the state. In addition to over 50,000 people, the rally will include speeches by the DREAM Act students, Rep. Gutierrez, representatives from the government of Mexico City and members of a number of indigenous communities. With marchers refusing to carry IDs, the goal is to terminate all ICE-local police initiatives and put an end to SB1070.

Video courtesy of nbc.com

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Posted by ishita on May 25th, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration, Race, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , | No Comments »

Undocumented students risk deportation for their dreams

UPDATE: We are happy that Mohammad, Yahaira and Lizbeth, who had been detained for staging the sit-in at Sen. McCain’s office, were released from ICE custody late on Tuesday night. All four students entered not-guilty to trespassing charges and were assigned a court date of June 16th. Raul Alcaraz, who is a lawful permanent resident, was released on the condition that he would appear before the court on the designated date. The three undocumented students were released much later after being issued a field released supervision by the Department of Homeland Security (DHS). They will face Federal trespassing charges and will have to fight deportation. In the meanwhile, they plan to remain in Arizona and fight for the passage of the DREAM Act before the end of June. Please show them, and all the others who are fighting for their dreams your support! Go to dreamactivist.org for more info.

Yesterday, on the 65th anniversary of the landmark civil rights case, Brown vs. Board of Education, five courageous students staged a sit-in at Senator John McCain’s office in Tuscon, Arizona, to demand his support for the passage of the DREAM Act, a legislation that will set up a path to citizenship for undocumented youth who were brought to the U.S. when they were very young. At 6pm last evening, four of those young immigration activists, three of whom are undocumented, were arrested on misdemeanor trespass charges when they refused to leave the office after closing. The three undocumented students, Yahira, Lizbeth and Mohammad, have been detained and are “expected to face deportation proceedings.” According to the New York Times, “It was the first time students have directly risked deportation in an effort to prompt Congress to take up a bill that would benefit illegal immigrant youths.”

Spurred on by Arizona’s new anti-immigrant legislation, SB1070, the students staged the peaceful sit-in as a challenge to local and federal law, hoping to garner the attention of grassroots organizations and media outlets and highlight the urgency for Congress action on the DREAM Act. Dressed in caps and gowns, the students began the sit-in at lunchtime on May 17th, with a group of supporters cheering for them outside McCain’s office. Four of them, Lizbeth Mateo of Los Angeles, California, Mohammed Abdollahi of Ann Arbor, Michigan, Yahaira Carillo of Kansas City, Missouri and Raul Alcaraz, from Arizona remained in the office till 6pm, when they were arrested. The fifth young activist, Tania Unzueta of Chicago, Illinois voluntarily stepped outside to be the spokesperson for the group before the others were arrested. When asked why she would risk such an act given her undocumented status, Tania told a journalist-

Precisely because we feel that undocumented people need to be at the forefront of our movement think we are tired of not speaking for ourselves and not being able to tell our story…This is my country. This is where I’ve grown up. This is where I’ve learned everything. How to write, how to love, how to be with my community. I feel like where you’re from isn’t always where you’re born it’s the country you learn to love and this is the country that I love.

The DREAM Activists chose Senator McCain’s office as he had initially supported the bipartisan legislation, and only recently, reflective of his new hard-line stance on immigration, had withdrawn his support from it. Although Senator McCain’s office offered the students a meeting to talk about the DREAM Act, they refused it, saying that this late into the debate, they would not take anything short of a statement of support from him. Speaking to the local news, Lizbeth Mateo said-

We’re not going to move, we’re not going to move until Senator McCain cosponsors the Dream Act, so whatever it takes, we’re going to stay here.

Her fellow activist Mohammad, originally from Iran, expressed confidence in garnering a response from John McCain-

We’re here, knowing that he will support the DREAM Act, knowing that he has supported it in the past, ask him to step up and cosponsor the DREAM Act and so we’re waiting at the office until he cosponsors the DREAM Act and writes us a written statement…

Even after a vigil outside the detention center that is holding the three students, there was no statement from Senator McCain’s office. 24 year old Mohammad, who co-founded Dreamactivist.org and led the sit-in, has lived in the United States since he was 3, and feels like fighting for the passage of the DREAM Act is definitely worth his life. For Mohammad, who is openly gay, the repercussions of being sent back to his country of origin, Iran, are frightening. Profiling Mohammad’s story for the Michigan Messenger, Todd Heywood writes-

His action, however, is far from just an act of civil disobedience. As a young gay man, he faces deportation to a country where he knows neither the language nor the culture — and worse, where homosexuality is punished with torture and executions. His supporters say he is literally putting his life on the line by “coming out” as an undocumented, gay youth.

These students risked everything to stage the sit-in yesterday, but the truth is that for them, and the thousands of undocumented students that they represent, the stakes are high regardless. Every year, 65,000 youth graduate from high schools after spending most of their childhoods in the U.S., but are unable to pursue their dreams for higher education and careers because of their undocumented status. According to the College Board, the passage of the DREAM Act would provide about 350,000 undocumented high school graduates with the “legal means to work and attend college,” allowing them to capitalize on their education and contribute to the economy of the country.

Until the DREAM Act is passed, legislation like that passed in Arizona, which allows local law enforcement to question people about their citizenship status based on “reasonable suspicion,” is highly dangerous for the thousands of undocumented youth who were brought to the country when they were children, and have fully assimilated into American culture. With young people taking the lead on demanding immigration reform, there is a silver lining to the dark cloud that Arizona’s SB1070 has brought with it. The good news is that it is the American youth, across racial, ethnic, geography and class lines, that are showing support and positivity on issues of diversity and immigration.

A New York Times article published today finds that there is a glaring generational gap when it comes to the immigration debate. While older Americans, including the baby boomer generation, take a conservative stance on immigration enforcement and reform, polls show that Americans below the age of 45 are much more agreeable to a “welcome all” approach. The article attributes this to the vastly different environments that these generations grew up in. It says-

Those born after the civil rights era lived in a country of high rates of legal and illegal immigration. In their neighborhoods and schools, the presence of immigrants was as hard to miss as a Starbucks today. In contrast, baby boomers and older Americans — even those who fought for integration — came of age in one of the most homogenous moments in the country’s history….In 1970, only 4.7 percent of the country was foreign born, and most of those immigrants were older Europeans, often unnoticed by the boomer generation born from 1946 to 1964. Boomers and their parents also spent their formative years away from the cities, where newer immigrants tended to gather — unlike today’s young people who have become more involved with immigrants, through college, or by moving to urban areas.

While this polarization complicates the movement on policy when it comes to issues like immigration, it is heartening to know that with the future belonging to these optimistic and open young Americans, the future is sure to be brighter than the present. In the meanwhile, we salute the courage of these brave young activists, and ask you to take a moment to think about two leaders of the DREAM Act movement, Tam Ngoc Tran and Cinthya Felix, who we lost in a tragic accident this past weekend.

Photo courtesy of nytimes. com

Posted by ishita on May 18th, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Family, Human Rights, Immigration, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , | No Comments »

Will immigration reform pass this year? Olympic medalist hopes so.

It took courage for 18-year old Olympian bronze medalist Simon Cho to relate the inspirational story of his life as an immigrant in America. Born in Seoul, Simon came to the U.S. with his family at the age of four as an undocumented immigrant. Aspiring to give their children the American Dream, Simon’s parents worked tirelessly, day and night, to ensure that their children got the opportunities they deserved. While Simon’s parents worked hard in their seafood shop 365 days of the year, Simon devoted most of his time to speed skating, a sport he was exceptionally good at. Realizing their son’s talent, Simon’s parents sold their shop and everything they had in order to afford his full-time training with the Olympic team in Salt Lake City. Now a U.S. citizen (due to more relaxed immigration regulations at the time), Simon tried for and made the U.S. Olympic speed skating team as one its youngest athletes, returning from this year’s Vancouver games with a bronze medal for the U.S.

Like Simon, thousands of immigrant youth have the potential to realize the American Dream and make their country pride. Unfortunately, many of them never get the chance to do so, and instead, live in fear despite having lived in America most of their lives. 21-year old Jessica Colotl, a student of Political Science and French at Kennesaw State University in Georgia, is a case in point. A bright, diligent young woman, Jessica worked nights in order to pay her tuition and hopes to continue her education and become a lawyer after graduating in the fall. Sounds like someone you know?

A few days ago, as Jessica pulled into her University parking lot, a campus police officer pulled her over saying she was “impeding the flow of traffic.” She was honest about not having a license and being undocumented, and was immediately detained in Cobb Country, in accordance with their 287(g) program that gives local police the power to enforce federal domain immigration law. An immigration judge denied her bond and ordered that she be deported in 30 days. Is she a danger to society? No. Is she draining the resources of the State? No. Is she a hard-working young student who pays taxes and contributes to the economy and the state. Yes. As you read this, Jessica is sitting behind bars in a detention center in Gadsden, Alabama, awaiting deportation to Mexico, a country she hasn’t lived in for over ten years, a country she barely remembers.

Our country’s immigration system is broken and in dire need of reform so that instead of facing the unjust circumstances that Jessica finds herself in, more people can work towards its collective good, the way Olympian Simon Cho is doing. Yesterday, Senate Democrats Harry Reid, Charles Schumer, Richard Durbin, Dianne Feinstein and Robert Menendez introduced a conceptual framework for immigration reform in the hopes of getting immigration reform passed in 2010.

The enforcement heavy proposal calls for enhanced border security and stronger enforcement, continuing with the current 287(g) programs, and leaving in a biometric Social Security card that will serve as an employment verification card. The new legislative framework also includes provisions for more green cards for highly-skilled immigrants and a detailed process for the legalization of undocumented immigrants that would require them to get extensive background checks, pay fines, be fluent in English and undergo a long waiting period before they achieve complete legalization. Additionally, the framework aims to include much-needed pieces like the DREAM Act, AgJOBS and provisions for same sex partner immigration.

Since its introduction yesterday, the proposal has garnered mixed reactions across the board. While advocacy groups are relieved at a concrete plan to register undocumented immigrants and begin the process of legalization, as well as the proposal’s focus on family-based immigration, its prioritization on enforcement and border security has created discomfort. Groups have condemned the bill for calling for increasing border security and enforcement without undertaking any positive provisions. AILA has critiqued Schumer’s new proposal for the increased detention recommendations that do little to rectify all that is wrong with the existing detention and deportation system. The American Civil Liberties Union is deeply dissatisfied with the inclusion of the Biometric ID card program “Believe,” which they predict will be extremely expensive and inefficient, while “usher(ing) government into the very center of our lives.”

As debate over the proposal continues, one thing everyone agrees on is that we need to fix our broken immigration system. Tomorrow, 80 cities around the country will bring in May Day with rallies, protests and marches demanding just and humane immigration that supports civil rights and family values. Find a march near you and be one step closer to fixing the broken immigration system.

UPDATE: Good news! On the occasion on Cinco de Mayo, Jessica Colotl was released from the Etowah County Detention Center and is now back at home with her mother. At the moment, it seems like ICE has granted her “deferred action,” which means that work remains in the courts before a real victory for Jessica’s freedom is won. But we know that all the phone calls, letters and support paid off, so we need to make sure that we keep the pressure on ICE to ensure that cases like hers receive the right kind of attention and justice and due process is restored to the system!

Photo courtesy of www.globalimmigrationcounsel.com

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Posted by ishita on April 30th, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Family, Human Rights, Immigration, Race, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , , , | No Comments »

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