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Obama to meet with Schumer, Graham amidst calls for concrete action on immigration

Guest Blogger: Jackie Mahendra reposted from America’s Voice blog

Over the weekend, news broke that the President intends to meet with Senators Schumer and Graham this evening at the White House:

WASHINGTON — President Barack Obama plans to focus attention on immigration next week by meeting at the White House with two senators crafting a bill on the issue. White House spokesman Nicholas Shapiro said Obama will meet with Democratic Sen. Chuck Schumer of New York and Republican Sen. Lindsey Graham of South Carolina on Monday.

The president is “looking forward to hearing more about their efforts toward producing a bipartisan bill,” Shapiro said Friday.

So are a lot of people, it looks like. The news generated 9,026 comments on The Huffington Post (it was the front page story for a time on Saturday), and has come amidst growing pressure on the administration to show concrete progress on immigration reform in advance of the upcoming “March for America: Change Takes Courage” in Washington, D.C. on March 21st.

Momentum is building rapidly for the march. Ali Noorani, Executive Director of the National Immigration Reform, writes:

Today, a caravan of faith leaders, day laborers and others is leaving from Phoenix, Arizona. Greeted by crowds of up to a 1,000 in places like Houston and New Orleans, this caravan will grow to dozens of vehicles and hundreds of people to arrive in DC on March 21st.

In Michigan, Ohio, California, Wisconsin and states across the country, communities are raising money and organizing buses to bring African American workers, small business owners, immigrant families and others to Washington DC on March 21st.

These communities on the move will meet in Washington DC to joins tens of thousands of Americans to March FOR America on Sunday, March 21, 2010, and remind our elected leaders that Change Takes Courage.

Indeed, tens of thousands of people will be marching to Washington to stand up for that vision of change– for crafting an immigration system that is once again rooted in America’s most deeply-held values of fairness, dignity, and hard work. Clarissa Martinez, Director of Immigration and National Campaigns at the nation’s leading Latino advocacy organization, NCLR, argues that the President must help move the process forward after tonight’s meeting:

But let’s be clear. If the meeting is just to “hear more,” it’s not going to cut it. The president had a meeting with Republican and Democratic members of both chambers in June 2009, and in August held a White House summit, hosted by Secretary Janet Napolitano, with a large number of representatives from faith, labor, business, law enforcement, immigrant, ethnic, and civil rights groups. Around that time, Schumer and Graham started working on a bipartisan proposal, and Schumer announced he would have the parameters of a proposal ready by Labor Day 2009.

With the Congressional legislative runway getting crowded and time running out before the November elections, it is time to land this plane. Monday’s meeting must be followed by a clear, bipartisan proposal and a firm timeline for Senate action. Anything less will be regarded as more stalling by the tens of thousands coming to DC to march in two weeks.

In case you missed this new video from NCLR, a reminder of the President’s own promise and stated vision to reform immigration:

“They’re counting us to rise above fear, the demagoguery, the pettiness, the partisanship, and finally enact comprehensive immigration reform… In this country, change does not come from the top down. Change comes from the bottom up.”

Even the pundits are realizing the importance of passing immigration reform. One of D.C.’s insiders, who often sets the conventional wisdom in this city, Jonathan Alter, told the NY Times that Democrats could revitalize their base by moving immigration reform:

There are other things Democrats can do to energize the base. Bringing up immigration reform, Mr. Alter says, tends to draw  Hispanic voters  on their behalf.

Indeed, a new report on Latino voters in the 2010 elections, released last month by America’s Voice, shows the opportunities and perils for both parties if they fail to enact immigration reform.

And as Douglas Rivlin, blogger with News Junkie Post argued yesterday, immigration reform is not only a top priority for Latinos, but for groups like Irish Americans as well:

With millions of Irish immigrants in the U.S. – and tens of thousands undocumented – the Irish are stepping up and engaging seriously in the immigration reform debate. [...]

… Ciaran Staunton, co-founder and President of ILIR is traveling to Denver, Phoenix, and Tucson to send the message that “Immigration reform is as important to the Irish American community as it is to any other community,” according to ILIR’s press release.

The fact remains that a stunning majority of Americans prefer a comprehensive immigration overhaul to both doing nothing about our immigration crisis and to deportation-only immigration proposals, which do little to truly fix our broken system.

It’s becoming increasingly clear that the time for immigration reform is indeed now.

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

In early 2009, President Obama appointed the governor of border-state Arizona Janet Napolitano, and a supporter of comprehensive immigration reform, as the Secretary of the Department of Homeland Security (DHS). For many, it was a sign that the administration would tackle immigration reform as a priority. In her first week in office, Napolitano ordered a sweeping internal review of DHS, aimed at identifying key areas for reform. March 2010 marks the one year anniversary from that week. So how much has changed for immigration?

For this we turn to a new report released by the Immigration Policy Center which compares actual reform undertaken by the agency to reforms that were recommended to them by immigration policy experts, academics and community members that would instill fairness and due process.

While DHS struggles towards reform it has failed to meet some key expectations… The department has engaged thoughtfully and strategically on some issues… However, turning principles into practice has fallen short, and the practical realities for individuals caught up in the system have not necessarily changed for the better.

DHS has done well in some areas. Focus has been shifted away from from harsh worksite raids to a focus on  employers who hire undocumented workers. Welcome detention reforms have been announced particularly focused on healthcare and conditions of detention. A precedent was created whereby women who have suffered domestic violence are eligible for asylum. The Department was  efficient in responding to the earthquake in Haiti, granting Temporary Protected Status to Haitians in the U.S. and humanitarian parole to 500 orphans.

But the spirit of reform has been strangled by an “over-reliance on enforcement policies”. There has been little growth in community alternatives to detention or legally enforceable standards and people continue to face poor medicare care and substandard conditions. 2009 has seen the growth of partnerships with state and local law-enforcement that arm them with the power to enforce immigration law even though this is a federal responsibility. There has been a growth in programs that criminally prosecute those caught crossing the border, draining resources away from prosecution of serious crimes such as drug and human trafficking.

And the failures. There has been little tangible progress in the areas of due process, with the immigration court system continuing to remain overburdened, and an appeals process still compromised. The continued expansion of state and local law enforcement programs like Secure Communities and 287(g) programs have led to accusations of racial profiling and large scale prosecutions of individuals with no criminal history.

But although there are many areas where reform is desperately needed, ultimately these will be administrative measures carried by an administrative agency DHS. But the fundamental problems of the system will continue to grow until Congress works up the courage to institute just and humane immigration reform. We can only hope that the White House and Congress gives the broken immigration system the attention it deserves, so that rather than counting down another year of incomplete policies and inefficient reforms, we have a just and human immigration system that accounts for the realities on the ground.

Photo courtesy of fairimmigration.files.wordpress.com

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

Picture 1Yesterday, President Obama addressed the issue of immigration reform in his State of the Union speech.

“We should continue the work of fixing our broken immigration system to secure our borders, enforce our laws and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation.”

Many in the immigration movement expected a more hard hitting message from the President who has appointed Homeland Security Secretary Janet Napolitano to lead a bipartisan task force to address the issue – a message that focused on a path to citizenship, fair and just enforcement, family reunification, and workers rights. This mention seemed to indicate a movement by the administration to not lead but rather support immigration reform led by Congress. But not only should the President show strong leadership on the issue because immigration reform is a campaign promise, but also because it is the right and smart thing to do from many standpoints, including an economic one. Our immigration system is broken. Thousands are detained everyday in miserable conditions leading to senseless deaths. Families are separated all over the country. Immigration enforcement is stricken with racial profiling and due process violations.

Rep. Luis Guiterrez, who introduced the progressive CIRASAP immigration reform bill in the House this past December, has responded,

He (the President) did not go far enough for the four million American citizen children whose parents face deportation; the millions of Americans waiting to be reunited with loved ones overseas; hardworking Americans whose security is undermined in the workplace; or the $1.5 trillion lacking from our Gross Domestic Product, all in the absence of real reform.

Though he clearly supports the notion that our laws must reflect the contributions immigrants have made to literally build this country, it is clear to me that Congress cannot wait for the President to lay out our timeline for comprehensive reform.

And there are many who expect more.

12 million undocumented immigrants deserved more than those 38 words. “Continue the work of fixing our broken immigration system.” Does that imply that Congress or the White House have been already busy fixing our broken immigration system? Yes, Department of Homeland Security has been tweaking the system, re-examining Bush-era diktats, looking at the conditions of detention centers. But that’s not fixing a broken system, it’s not even duct taping it. That is just sweeping at the edges with a fly whisk.

There is a broad coalition that supports immigration reform including labor unions, immigration advocates, and faith leaders. Right now, Senator Schumer is crafting a bill with Senator Graham to be introduced in the Senate after which it will move to the House. And even though more and more studies are revealing the economic benefits of reform, it’s going to be a tough fight ahead.

Take action to protect Haitians in the U.S. who have no place to safely return

-1On January 12th, 2010, the already impoverished Haitian capital, Port-au-Prince, was hit by an earthquake that measured 7.0 on the Richter scale. Frighteningly, that is all that is quantifiable about the disaster at the moment, with thousands trapped under rubble and the scale of destruction to lives and infrastructure yet unknown.

So how much more devastation does the nation of Haiti need to go through before the U.S. administration is convinced that the country is not equipped to cope with the thousands of Haitians who are currently facing deportation back to Haiti?

Between August and September of 2008 Haiti was hit with four tropical cyclones (Fay, Gustav, Hanna and Ike) which killed 800 people, displaced many thousands, and destroyed the economy of the country. Directly following those disasters the Bush administration faced pressure to grant Temporary Protected Status (TPS) to Haitians living in the U.S., a temporary amnesty, given in 18-month increments to immigrants stranded in the U.S.

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately…Ongoing armed conflict (such as civil war); An environmental disaster (such as earthquake or hurricane); Other extraordinary and temporary conditions.

But not only did the Bush administration fail to include Haiti within the nations whose citizens are granted TPS (namely Sudan, Somalia, El Salvador, Honduras and Nicaragua), but soon after the Obama administration called for the deportation of 30,000 Haitians that President Bush had ordered. Unable to copy with the influx of so many deportees, the Haitian government ceased issuing travel documents for them, resulting in hundreds of deportees being held in detention centers even after they were flown back to Haiti.

At the time in March 2009, many  expressed outrage at the administration’s treatment of Haitian immigrants and demanded TPS for Haitians in the U.S. based on the horrific “conditions on the ground” in Haiti,

Gonaives, Haiti’s third largest city, is uninhabitable; most of the nation’s livestock, food crops, farm tools and seeds destroyed; irrigation systems demolished; collapsed buildings throughout the country; 800,000 people left homeless and more than 800 dead. USAID estimates that 2.3 million Haitians now face “food insecurity,” reeling from prices 40 percent higher than in January.

One year and another natural disaster later, the pressure to grant TPS to undocumented Haitians in the U.S. has reached its peak. On Wednesday, three Republican Member of Congress, Reps. Lincoln Diaz-Balart and Mario Diaz-Balart, and Rep. Ileana Ros-Lehtinen wrote a joint letter to President Obama calling for immediate granting of TPS to Haitian nationals. Democrat Alcee Hastings added his name to the appeal, stating it was “not only immoral, but irresponsible” to not allow Haitians to remain in the U.S. Additionally, New York Sen. Kirsten Gillibrand addressed a letter to the President saying,

Now is certainly not the time to deport Haitians into an overly burdened country…Haiti clearly meets the criteria for TPS designation and extending it would be one way to help address this catastrophe, as well as alleviate additional burdens on American assistance workers.

Yesterday, Department of Homeland Security Secretary Janet Napolitano temporarily halted deportations to Haiti, and today Secretary of State Hillary Clinton indicated they may be moving towards TPS for Haitians. As it stands, those Haitians already in detention, such as Haitian activist Jean Montrevil, will continue to remain detained.

In their appeal to Obama, a number of immigrant advocacy organizations such as National Immigration Forum expressed their relief at the U.S. government’s support for Haiti but asked for more long term revisions of the immigration policy,

We find some consolation that the Administration is acting quickly to mobilize relief efforts to Haiti. We support the latest Immigration and Customs Enforcement announcement that it is halting all deportations of Haitian immigrants for the time being, in light of the devastation caused by yesterday’s earthquake…These are the right immediate initial responses. But as part of its long term relief effort, the Administration must grant Temporary Protected Status (TPS) to Haitian immigrants who are now in the U.S.

Granting Haitian nationals TPS would release those in detention centers, unite them with their families, allow them to live and work legally in the U.S., and contribute to the economy in the U.S. and recovery of Haiti. It would also help undocumented Haitians across the U.S. Overall it would impact 125,000 Haitians.

When President Obama said, “You will have a friend and partner in the people of the United States today, and going forward,” we certainly hope that support extends itself to aiding those Haitians who are here.

We urge you to sign a petition, sign a letter to Obama and join a facebook group in support of TPS. And if you are looking for a reliable way to contribute to the earthquake, donate here.

Abounding protests kick off the New Year and highlight the pressing need for immigration reform

TrailofDreams 2009 witnessed neither abatement in the numbers of people detained by immigration enforcement, nor in the number of families separated as a result of deportation. And little progress was made towards advancing comprehensive immigration reform, except for the bill introduced by Rep. Gutierrez on December 15th. Consequently, 2010 has begun with a flurry of courageous and provocative protests by immigrant rights advocates calling for just and humane immigration reform ASAP.

On the 1st of January, four young student activists set out on a protest march in which they have committed to walking 1,500 miles from Miami, Florida, across the Southeast, to Washington D.C., arriving on the steps of  the Capitol on May 1st (a day that has become important for immigrant rallies in recent years). The walk, which has been called The Trail of Dreams, is inspired by the idea of non-violent resistance, and aims to strengthen and inspire the immigrant rights movement and help organize the advocate networks across the country to stand together for the passage of the Development Relief in Education for Alien Minors Act (DREAM ACT).

About 100 people gathered to see off the four walkers, Juan Rodriguez (20), Carlos Roa (22), Felipe Matos (23), and Gaby Pacheco (24), as they began their journey from the Freedom Tower in Miami. Over the next few months, the four will be chronicling their journey through a blog as often as they can. The walkers are all top students and community organizers at local colleges and expect students and supporters to join them along the way.  Since they are not all here legally, they face a high risk of exposing themselves to immigration agents over the duration of their walk.  “We are aware of the risk,” Felipe said to the New York Times. “We are risking our future because our present is unbearable.”  From an article in the Washington Post:

All say they are willing to take the risks that come with bringing attention to the plight of students who, like themselves, were brought to the U.S. as children and are now here illegally. “I’m tired of coming back to school each semester and hearing about another friend who was picked up and deported,” Juan Rodriguez told a group of supporters during a recent gathering.

Also on the first day of the new decade, after sitting down to their final meal together, another group of brave and committed individuals in Florida began the Fast for Our Families protest, in which they have initiated an indefinite fast in the name of all those people who have lost, and continue to lose, loved ones due to deportation, detention and raids.

The fasters include a Haitian mother who is facing the threat of being separated from her children, a Puerto Rican man whose wife faces deportation, and a female professional truckdriver, the initiator of the fast, who lost her business and her livelihood when she was deported in 2005 after living here for 18 years, when her ex-husband reported her to the authorities. She came back to the country to be with and support her three children, and was subsequently put under surveillance by ICE. Today she wears an electronic bracelet and faces deportation.

One of the fasters is Jon Fried, a 50 year old man who has been involved in social justice and labor movements for 35 years and runs the organization We Count! On day 2 of the fast, he wrote:

Five of us are fasting indefinitely, as long as it takes; our target is President Obama and our goal is to get him to use the legal authority he has, now, without Congress, to suspend the detention and deportation of immigrants with American families, those who have US citizen children and/or spouses…This decision to fast was not taken lightly. I was tired of getting phone calls from a mother, a father, a brother, a sister saying that their loved ones, their family, was taken away by ICE…

Most urgently, the cost is too high. Now. It’s too painful. It’s too horrific. My friends and neighbors shouldn’t be collateral damage in a political scheme. Parents and youth ripped from their families is not an acceptable cost. Thousands of people marked and tracked with electronic shackles, living in fear of being taken away from their loved ones every time they report to ICE or its private contractors, is not an acceptable cost. Young people being deported to homelands they hardly remember is not an acceptable cost. It is time to say to President Obama: This is on your watch.

Together, the participants of the Trail of Dreams and the Fast for Our Families campaigns hope to build momentum and push the current administration towards just and comprehensive immigration reform that asks for:

1) EQUAL ACCESS TO HIGHER EDUCATION
2) A pathway to citizenship
3) An end to the separation of families
4) And a deliberate and radical shift from the federal funding of raids, detentions and deportations to better educational opportunities for ALL the youth of America!

There are a number of ways that YOU can get involved and show your support towards these bold efforts.

For updated information about the Trail of Dreams, click here, and to follow the Fast for Our families, here. Also, join their facebook group to learn more about their personal stories.

Photo courtesy of www.nytimes.com

Detention reforms a welcome relief…lots more to be done

Rep. Zoe Lofgren on Immigration Detention from Breakthrough on Vimeo.

A slew of newspaper articles greeted us this morning with the Department of Homeland Security’s (DHS) plans to reform the immigration detention system. The New York Times, The Wall Street Journal, the BBC and the Associated Press vied for attention with headlines that held much hope – U.S. to Revise Detention Standards, U.S. to Cut Immigration Detention, and my favorite, Ideas for Immigrant Detention Include Converting Hotels and Building Models.

So what did these ambitious plans contain? At a cost of $1.7 billion a year, the detention system is a vast network of federally run detention centers and about 300 state and county jails that detain 32,000 detainees every night or 370,000 in the year. But all these facts and figures don’t tell the real stories – of detainees transferred far from families and lawyers, of denied phone calls and visits, of 94 deaths – many questionable, and of the physical and verbal abuse that surfaces time and time again.

The reforms have emerged out of a comprehensive review conducted by Dora Schriro, the former ICE Office of Detention Policy and Planning Director, and focus on greater federal oversight, special attention to detainee medical care, and a desire to treat different types of detainees according to the level of ‘risk’ they present. As Secretary Napolitano herself pointed out, “we are taking a non system and making it into a system that will allow enforcement of our immigration laws but will also convince the American people that we are abiding by conditions of safety and security in the most cost effctive way possible.”

So proposals include presenting Congress with a plan for alternatives to detention to in the fall, placing detainees in alternative models of detention including converted hotels, nursing homes and other residential facilities, centralizing management of the detention system, and increasing oversight at facilities. Some will take more time than others, such as the implementation of an online system for families and lawyers to locate detainees or developing newer centers.

For years, advocates have been speaking of the need to distinguish between detainees, and to stop detaining those that are neither a flight risk, nor a danger to the community. We have been calling for better medical care and stopping the for profit detention system without legally enforceable standards. It’s good to see some steps in the right direction.

But there will continue to be problems. For one,  what happens to those in detention already. The NYT cites an example of a woman who needs urgent medical care in the Glades County Detention Center and has been struggling to get medical help since the last 5 months. Secondly, while we welcome the promise of alternatives to detention, we hope that this includes community based alternatives, and not all invasive models such as ankle bracelets. And thirdly, we still want to see legally enforceable standards in place, so those that default on their responsibility can be held accountable.

As a NYT editorial says,

“The Obama administration… is pushing back with an effort to be sane and proportionate. If the reforms announced on Tuesday work half as well as promised, the country will be closer to a detention system it does not have to be ashamed of.”

Where will immigration detention be tomorrow?

We just received news that tomorrow (October 6th, 2009), there will be a media advisory featuring Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announcing new immigration detention reforms. We have been waiting for the promise of reforms with bated breath – especially given that the person chosen to lead the reforms, Dora Schriro, someone who had the trust of advocacy groups and the government alike, had to leave almost as soon as she began.

What do we know so far? In its first announcement, the administration stated that “while ICE has over 32,000 detention beds at any given time, the beds are spread out over as many as 350 different facilities largely designed for penal, not civil, detention” and so reforms will allow “a move away from our present decentralized, jail-oriented approach to a system wholly designed for and based on ICE’s civil detention authorities.” Definitely a step in the right direction. But is this enough?

Firstly, Restore Fairness would like to see more community based alternatives to detention because as it stands now, thousands of detainees (440,000 this year alone) that are neither a flight risk nor a danger to the community, are detained in inhumane conditions with no access to due process. Countless reports have highlighted the gulag that the detention system has become – with detainees denied visitation, telephone calls, access to lawyers, medical care, and subject to physical and verbal abuse. And lets not forget that immigration offenses are civil offenses which means we shouldn’t be treating immigration detainees like criminals (hence the reference above to civil detention). But instead, it seems that the administration may be hinting at the expansion of detention.

Secondly, no system will be safe unless the government create legally enforceable detention standards so that those who default on their responsibilities can be held accountable. Standards that are currently in place are mainly guidelines, and are often not enough to safeguard detainees’ health and due process. The administration has already rejected a petition for enforceable standards, stating that “that rule-making would be laborious, time-consuming and less flexible” than the review process now in place.

It’s important to humanize all this legalese so to really understand what’s going on, watch the Restore Fairness video. Until then, here’s Rep. Roybal-Allard (did you know she was the first Mexican-American woman to be elected to Congress) speaking about why she has introduced a bill to ensure immigrant detainees receive fair and humane treatment while in detention.

Rep. Roybal-Allard from Breakthrough on Vimeo.

What does Lou Dobbs have to do with racial profiling?

The immigration community is revving up to counteract race and immigration based hate politics.

In my last post, I spoke about the pervasive problem of racial and religious profiling. The Rights Working Group has decided to do something about it with the launch of the Racial Profiling: Face the Truth campaign today! Profiling affects a broad range of communities, including Native American, African American, Latino, Arab, Muslim and South Asian communities. Not only is it a humiliating and degrading practice, but it belies the very values that America stands for. With over 45 organizations including us supporting the campaign, as well as Congressman Conyers and Senator Feingold from both houses committed to enacting legislation to ban racial profiling, we have hope for success.

Meanwhile, America’s Voice have launched the Drop the Hate, Drop Dobbs campaign asking CNN to drop Dobbs’ show which paints an ugly picture of race-baiting, fear, and intolerance. They are fighting back with an amazing TV ad and need contributions to make it air! So go on and do your bit.

Picture 2

In Washington, the Detention Watch Network is gearing up for its annual conference (yes, we will be attending and presenting a workshop on strategic communications) to mobilize folks around detention issues. A little birdie also told us it will be the space to launch their latest campaign (more on that later!). Can’t help but quote from this editorial in the New York Times.

While Ms. Napolitano and her team promise to make detention a “truly civil” system, they show no interest in reforming the corrupt mechanisms that feed it.

Advocacy Groups Demand End to 287(g)

Juana Villegas’s story is a shocking example of what happens when local law enforcement is endowed with the authority to enforce immigration law.

One of the fastest growing programs under this scheme is the 287(g) program. With its growth, we are also seeing an increase in reports highlighting its failures, including an almost complete lack of oversight and as we have seen in Juana’s story, numerous instances of unlawful racial profiling and human rights violations.

On a more important note, the program hinders the ability of law enforcement to accomplish their primary goal – to protect the safety and security of the communities they police. Communities become less safe when crime victims are afraid to cooperate with police, especially victims of violent crimes, because they are afraid of deportation. And we all become at risk when people are afraid of police.

While the Department of Homeland Security has even acknowledged some of its failures, and made some changes, none of this has actually improved the program. This is why a coalition of 500 advocacy groups sent a letter to President Obama last week demanding an end to the 287(g) programs that violate human rights and lead to racial profiling.

Take action now. Send a letter to Secretary Napolitano and stand up for the rights of all people in the United States.