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More Confusion Over Secure Communities: Did NY Make a Special Deal with Washington?

Guest blogger: Catalina Jaramillo from Feet in 2 Worlds

Immigrant advocates are increasingly worried about New York’s participation in the controversial fingerprint-sharing program Secure Communities.

Chung-Wha Hong, executive director of the New York Immigration Coalition said that 79% of the people placed in detention facilities or deported under Secure Communities were convicted of minor crimes or had no charges filed against them at all.

“We are fine with violent criminals being deported,” said Hong. “That is not the problem. This program is supposed to do that.” But she said that’s not what’s happening. “The vast majority of people who are caught in this program are innocent, have no criminal background, or have minor violations where people do not deserve to get deported.”

The New York State Division of Criminal Justices Services and Governor David Paterson assert that New York has a special agreement with the Department of Homeland Security regarding Secure Communities. In an interview with Telemundo47, Governor Paterson said that local jurisdictions within the state can choose whether or not to participate in the program, which would automatically transfer the fingerprints of anyone arrested by local law enforcement to a Department of Homeland Security database to check the person’s immigration status.

This program that the Federal Government asked us to be a part of, in which municipalities have a choice of whether or not they can opt in or not — which is what New York State was able to receive as opposed to other states — guarantees that this is only high level security threats whose information will be transferred.

Yet, Secretary of Homeland Security Janet Napolitano said on October 6 that the program was not optional.

On the other hand, John M. Caher, director of public information for the Division of Criminal Justice Services (DCJS), told El Diario that there was “a pledge made to this state by the Department of Homeland Security” that no community in New York will be forced to activate Secure Communities.  However, Caher said this is not discussed in the Memorandum of Agreement between New York and Immigration and Customs Enforcement (ICE). That document was signed by the Acting Commissioner of DCJS Sean Byrne.
Asked about other jurisdictions such as San Francisco and Santa Clara, California and Arlington, Virginia, who are trying to opt out unsuccessfully, Caher said he was not aware if those states received such a condition, so he was not sure if their experiences were relevant.

Ángela Fernández, executive director of the Northern Manhattan Coalition for Immigrant Rights and a strong critic of Secure Communities, said she hasn’t been able to confirm that New York State has a special deal with DHS.

“We said, can you show us another contract that says that New York is going to get special treatment on this issue, and they haven’t been able to produce it,” said Fernandez.  “They say there’s an email from the Department of Homeland Security that says that local jurisdictions can opt out. But we don’t feel confident with that.”

Attorney General Andrew Cuomo talked about Secure Communities while introducing the urban agenda for his gubernatorial campaign on Thursday.

The federal government is going to put out guidance on Secure Communities, and how they believe the states have to follow the law, obviously federal law would be the law and the state would ultimately follow the federal law. I think they have to be very careful in Secure Communities, because you don’t want to create a situation where people are afraid to report a crime, or afraid to testify, it could actually interfere with law enforcement and with public safety, so I think the federal government should tread very carefully.”

Asked if there was a real possibility for local jurisdictions in New York to opt out of the program after Napolitano’s statement, Cuomo said “well that’s what we have to review.”

A statement sent to El Diario by Brian Hale, director of public affairs for ICE, established that if a county doesn’t want to activate Secure Communities they must ‘formally notify’ the state and ICE. Hale declined to elaborate further or explain exactly what that means. Hale added:

Secure Communities agreements are generally reached at the state level and activated locally on a set schedule. ICE seeks to work with local law enforcement agencies to address any concerns and determine next appropriate steps. If a jurisdiction does not wish to activate on its scheduled date in the Secure Communities deployment plan, it must formally notify both its state identification bureau and ICE.

Because of what advocates call ‘total confusion’ over whether it’s possible for local jurisdictions to opt-out, they are asking Governor Paterson to rescind the Memorandum of Agreement. It states that either party — the state or ICE — can terminate the agreement at any time on 30 days notice.

Comparing it to the stop-and-frisk database he limited the use of this summer, Paterson also told Telemundo47 reporter Luis Medina that advocates have to prove that Secure Communities affects low level offenders before he makes a decision. “I think there’s some confusion here. These organizations have to come forward and show us definitively that they have proof that the information was sent to INS (sic) on low level offenders, which is not what the intent of the memorandum of understanding is. If they can establish it, I will be happy to reconsider,” said Paterson.

Advocates say they are gathering evidence to send to the governor as soon as possible, but some say the facts have already been demonstrated.

“That’s ridiculous,” said Chung-Wha Hong of the New York Immigration Coalition. “There’s the New York Times editorial and there are cases. All he has to do is look at the cases that were submitted to the pardon panel. This is something that’s proven. So the ball is in his court, he needs to just make the decision.”

Photo courtesy of news.feetintwoworlds.org

Amid Oil Spill Crisis, U.S. Authorities Search for Undocumented Immigrant Cleanup Workers

Talk about misplaced priorities. In the midst of a national crisis over the gargantuan BP oil spill that is destroying the water, marine eco-systems, and coastal livelihoods along the Gulf Coast, Federal immigration officials have decided to focus their resources on checking the immigration status of the people that BP has finally employed to begin cleaning up the massive destruction that the oil is causing along the coast.

Check out this amazing exclusive report co-produced by Feet in Two Worlds (English) and El Diario (Spanish)-

Federal immigration officials have been visiting command centers on the Gulf Coast to check the immigration status of response workers hired by BP and its contractors to clean up the immense oil spill.

Immigration and Customs Enforcement (ICE) in Louisiana confirmed that its agents had visited two large command centers—which are staging areas for the response efforts and are sealed off to the public—to verify that the workers there were legal residents.

“We visited just to ensure that people who are legally here can compete for those jobs—those people who are having so many problems,” said Temple H. Black, a spokesman for ICE in Louisiana.

After Hurricane Katrina in 2005, thousands of Hispanic workers, many of them undocumented, flocked to the region to help in the reconstruction of Louisiana’s coastal towns.  Many stayed, building communities on the outskirts of New Orleans or finding employment outside the city in oil refineries and in the fishing industry.

These Hispanic workers have been accused of taking away jobs from longtime Louisiana residents, and the tension has grown as fishing and tourism jobs dry up, leaving idle workers to compete for jobs on the oil spill clean-up effort.

Black explained that ICE and Border Patrol began to monitor the response efforts shortly after job sites were formed following the Deepwater Horizon oil spill that began on April 20 and has yet to be contained.

ICE, a branch of the Department of Homeland Security, visited two command centers, one in Venice and the other in Hopedale, twice in May. ICE agents arrived at the staging areas without prior notice, rounded up workers, and asked for documentation of their legal status, according to Black.

The command centers, located in the marshes a few hours east of New Orleans, are among the largest, with hundreds of workers employed at each site.

“We don’t normally go and check people’s papers—we’re mostly focused on transnational gangs, predators, drugs. This was a special circumstance because of the oil spill,” said Black.

“We made an initial visit and a follow-up to make sure they were following the rules,” he said.

“These weren’t raids—they were investigations,” he added.

There were no arrests at either site, according to the ICE spokesman. But he said if undocumented workers had been discovered, they “would have been detained on the spot and taken to Orleans Parish Prison.”

Etanisla Hernandez is a response worker at the Hopedale Command  Center - Photo: Annie Correal

BP and one of the companies that holds a large contract in Hopedale, Oil Mop, did not return calls requesting comment. A high-level employee for another contractor in Hopedale, United States Environmental Services, who did not give her name, said, “I just got a phone call. I heard they were visiting.”

St. Bernard Parish, where the Hopedale site is located, assured that the local government had nothing to do with the checks and had no knowledge of them.

The ICE agents who visited the sites reminded subcontractors of immigration laws and their obligation to use programs including E-verify, an electronic system run by the Department of Homeland Security which checks workers’ immigration status.

An Oil Mop subcontractor called Tamara’s Group has hired more than 100 Hispanic workers from the region to work at the Hopedale site. The owner of Tamara’s Group, Martha Mosquera, said that when ICE came in the first week of May, “they gathered them all in the tents and they asked for their papers.”

One of the workers in this group, a 61-year-old Mexican woman named Cruz Stanaland, rememberes ICE’s visit: “They were civilians, they weren’t wearing uniforms and they were driving in cars that didn’t have the Immigration logo…dark cars with tinted glass.”

Another worker from the same group, Etanlisa Hernández, who is 30 and from the Dominican Republic, said, “There were five or six men. They were very polite.”

Although Mosquera said her company had no problems because all of her employees were legally employed, some pro-immigrant leaders criticized the government’s quickness to enforce immigration requirements during a crisis.

“It’s like, ‘round everybody up and leave the oil on the beach,’” said Darlene Kattan, Director of the Hispanic Chamber of Commerce of Louisiana. “In a catastrophic situation like this, I think we should be more well-reasoned.”

“People are desperate for jobs,” she added, “And they think that if someone looks like an undocumented immigrant they’re taking the food from their mouth.”

Clarissa Martinez de Castro, Director of Immigration and National Campaigns at the National Council of La Raza, an advocacy group in Washington DC, said, “the clean-up effort is a gargantuan effort and we have to ensure that the crews are working in a way that protects their health and safety, and that should be the priority.” She added, “if ICE thinks that there are bad apple employers, they should go directly to them instead of harassing clean-up crews that we all know are doing a crucial job.”

Despite the visits by ICE, some undocumented workers have been hired by BP contractors. One fisherman from El Salvador, who didn’t want to reveal his name because he was afraid of being deported, has been laying down boom alongside the marshes for a week.

“You’re always afraid Immigration is coming,” he said.

He explained that although he didn’t feel safe doing the clean-up work, he took the risk because the job pays $360 a day. “I came because I have a wife, and kids, I came to give them a better life. My uncle’s family lent me money to come here. Maybe this will help me pay them back.”

Listen this week to NPR’s Latino USA for Annie Correal’s report on the latest from the Gulf Coast.

Photos courtesy of news.feetintwoworlds.org

Lou Dobbs “Drop the Hate” ad airs on MSNBC!

CNN is feeling the heat because of its primetime anchor – Lou Dobbs. New York Times headlines. Front page of El Diario. Blogs abuzz with news.

Using its four-hour documentary “Latino in America” as a political rallying cry, groups including Drop Dobbs and Basta Dobbs have been laying the pressure on the channel to stop allowing Lou Dobbs from broadcasting hate politics. One example of many: Dobbs falsely reported an explosion of 7,000 cases of leprosy in the United States in the past three years, and blamed Latino immigrants for the perceived increase, a statistic which was been thoroughly debunked.

Now America’s Voice has raised enough money (16,000 dollars!) to produce and air an ad, “Drop the Hate”, that urges CNN to drop Dobbs and his one-sided “news” show. Unfortunately CNN has refused to air the ad.

As America’s Voice puts it, “By refusing to deal with Lou Dobbs and his nightly tirade against immigrants, Latinos, and people of color, CNN is quickly losing credibility as the “Most Trusted Name in News.” As people become aware of the network’s one-sided coverage of immigration, they will start changing the channel.”

And the channel did change to MSNBC where the “Drop the Hate” ad aired on the Rachel Maddow show across Atlanta, Los Angeles, Chicago, New York City, and Washington, DC.

Meanwhile, Lou Dobbs announced yesterday that gunshots were fired at his New Jersey home 3 weeks ago, linking it to “threatening phone calls tied to the positions I have taken on illegal immigration”, but police believe the shots were just from hunters.

Tell CNN’s president Jonathan Klein that he needs to take notice of this growing movement.