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Small victory as Sheriff Arpaio penalized, but piecemeal changes to SComm fail to address problems

Ever since its launch, the Secure Communities program (SComm) has whipped up one storm of controversy after another, continually being criticized by advocates, officials and local law enforcement for its lack of transparency and accountability, the threat to public safety, due process and justice that it poses, and its indirect but obvious encouragement of racial profiling. While the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have denied these implications, the reality on the ground shows otherwise. Already in effect in several counties across the United States, SComm, combined with the draconian anti-immigrant laws that have been passed in several states, has contributed to the record-breaking deportation of people who were often stopped for minor violations and traffic offenses, and the separation of thousands of families around the country in the past year.

The immigration reform movement, however, recently marked a series of small victories. The infamous Sheriff Joe Arpaio of Maricopa Country, Arizona, has been ordered to pay two men, Julián and Julio Mora, $200,000 in a racial profiling case. On February 11, 2009, Arpaio’s deputies had detained the pair for several hours after stopping their pickup truck outside a landscaping company they raided in search of identity-theft and fraud suspects. A federal judge determined that Arpaio’s deputies had no grounds on which to stop the men or detain them for so long.

This isn’t the first time Arpaio has come under legal fire for his racially prejudiced actions. However, he has tried recently, all too hard, to break this reputation. On July 11, Arpaio launched a line of Spanish-language pink underwear which reads “Vamos Jose!” For the last 17 years, Arpaio has been forcing his inmates to wear pink underwear that reads “Go Joe!” as a way to discourage theft of the undergarment. In an all too deliberate effort to prove his naysayers wrongs, he launched the Spanish-language version for public sale, that too in a Mexican restaurant in Phoenix. Sarah Palin and Hugh Hefner have reportedly already purchased their own pairs at $15 apiece. In a press release, Arpaio said-

It will raise more money to help at-risk youth and it is a poke in the eye to the critics who for years have called me racist because of my tough stance on illegal immigration.

However, this move hasn’t gone down well with activist groups. Lydia Guzman, of Somos America and Respect Repeto, labeled this “just another publicity stunt,” asking ”Who is he trying to convince? He is trying to too hard to convince us.”

In another move, the Manhattan Federal Court ruled on July 12 that DHS and ICE must furnish documents detailing why they misled state governments and the American public about the extent of SComm, which has recently come under fire for drastically varied interpretations. Reacting to the judgement, Pablo Alvarado, director of the National Day Laborer Organizing Network (NDLON), commented-

While the Obama administration boasts of the Secure Communities program to win political points with Republicans, it has kept actual policy details nearly secret from Congress, state partners and the American public. Thankfully, federal courts, not ICE, get the last word…As we’ve seen in states and localities across the country, the more the public learns about Secure Communities, the more they say ‘no thank you’ to its implementation.

As another step that has been hailed by immigration reform activists, Russell Pearce, the president of the Arizone state Senate and the primary sponsor of the racist anti-immigrant SB1070 bill, will face a recall election. This has been the result of a grassroots appeal that collected enough signatures from registered voters to call for the special election. Pearce is the first state official in Arizona to face this kind of election.

Along with these small victories, on June 17 ICE announced a series of reforms to SComm after claiming to heed the criticisms that have come their way. One of the main aspects of the reform package is a training video that explains to local law enforcement officials what SComm entails and what constitutes racial profiling. Watch the ICE training video here:

While the video achieves the goal of explaining SComm to the local enforcement officials, it has also been criticized for being somewhat redundant and repeating racial stereotypes within the visuals of the video. Opponents of SComm have said that the officers should already know racial profiling is against the law. Margaret Huang, executive director of Rights Working Group, argued-

Putting into a video information that law enforcement should not be racially profiling—that is not likely to have a whole lot of impact…Part of the reason it’s become acceptable to use racial profiling in immigration enforcement is because it has been deliberately tied into the national security context.

While the movement against SComm has effectively brought scrutiny on the program and pushed ICE to take note of the criticism that the program has faced from all quarters, the minor tweaks that ICE released have been considered hugely inadequate in their redressal of the program’s flaws. Today at noon, immigrants and advocates in New York City are gathering to rally against the so-called reforms that has made to SComm. The rally, being held at 26 Federal Plaza, New York, NY, will take place one hour prior to a meeting that ICE has set up with advocates in New York City. This meeting is the third in a series of meetings that advocates have dubbed a “desperate marketing tour” through the states that have withdrawn from the program, Illinois, Massachusetts and New York. Today, protesters will rebuke ICE for excluding from its meetings the very people who are most greatly impacted by “Secure Communities” and call for a nationwide termination of the program, which funnels people directly into the deportation system, jeopardizes trust in the police, and encourages racial profiling.

Join us in our commitment to telling stories, inviting conversation, and inspiring action that will help our nation move even further in the right direction. To take action against Secure Communities, contact your Governor to help your state withdraw from the program.

Photo courtesy of azcentral.com

Harsh SB1070 copycat laws on the horizon in 2011

Following the tragic shooting in Arizona, there has been a call for greater civility and tolerance in the political and public spheres with the hope that a more reasonable path would be favored by all. However, news of  numerous states introducing legislation similar to Arizona’s harsh, anti-immigrant law, SB1070, doesn’t bode well for the new year.

On Tuesday, the Mississippi Senate passed SB 2179, a copy cat SB 1070 legislation that allows local law enforcement officers in Mississippi to demand proof of citizenship from drivers whom they have pulled over for traffic violations. The bill will now make it’s way to the House for consideration.

From the Clarion Ledger-

“The bill would authorize local law enforcement officers to check a person’s immigration status if “reasonable suspicion” exists that the person may be in the country illegally during any “lawful stop, detention or arrest.”

The bill’s chief backer is Sen. Joey Fillingane, a Republican in a chamber that is predominantly Democrat. Reports by the Clarion-Ledger indicate that Fillingane considers SB 2179 an improvement on SB 1070 because, according to him, SB 2179 only allows officers to inquire about a person’s citizenship status as part of a secondary search, once they have already been stopped for a different, ‘primary’ offense, such as a traffic violation. The issue remains, however, that a significant percentage of racial profiling takes place when people are stopped for minor traffic violations, during stops that are at the officer’s discretion, often without accountability on the part of the officer. Further, in addition to the ways in which this law can lead to racial profiling, it is important to note that the legislation will also cost the state additional costs of housing, transportation, and hiring experts.

Following in the footsteps of Mississippi, states like Florida, Iowa, Oregon, Nevada, Georgia, Tennessee and Kentucky are all contemplating Arizona-style immigration laws, with conservative legislatures and governors responding to the lack of federal action on immigration by taking immigration enforcement into their own hands. There are also concerns in Oklahoma, Nebraska and New Mexico, all of which are slated to usher in anti-immigration legislation.

In Virginia a group of House Republicans recently announced plans to put forward at least sixteen bills aimed at undocumented immigrants including bills that would ensure that children without documentation could not attend public schools and colleges. Del. L. Scott Lingamfelter, who is taking the lead on these bills said that state action was called for in such areas where the federal government had “completely failed.” The bills that they unveiled on Tuesday included legislation that would require authorities to check the immigration status of anyone “taken into custody,” and to ensure that the check would apply even to those who were arrested and released on bail or bond before being taken to jail. Virginia already denies driver’s licenses to undocumented immigrants and all taxpayer-paid services except those expressly required by law such as education and emergency medical care. The  laws proposed by this group seek to challenge even those by denying public education to children who are undocumented.

When questioned by the Washington Post, David B. Albo said that while this package of anti-immigrant bills was motivated by Arizona’s SB1070 law introduced in 2010, they were of the opinion that the laws they propose were moderate in comparison to SB1070 and hence had a chance at passing where SB1070 did not.

A consideration for lawmakers on laws similar to SB1070 are the costs involved. For example, the Senate Bill 6, Kentucky’s Arizona copy cat law, is estimated to cost the state $40 million a year in expenses.

According to the Lexington Herald Leader:

“…..A 2008 study estimated that, if Kentucky successfully removed all of its undocumented immigrants, it would lose $1.7 billion in economic activity, $756.8 million in gross state product, and approximately 12,059 jobs. Meanwhile, Arizona’s Hotel and Lodging Association reported a combined loss of $15 million in lodging revenue due to meeting cancellations just four months after its immigration bill’s passage due to an economic boycott that was waged against the state”.

Skeptics of Arizona style immigration laws are also looking at the issue purely from the point of view of business and how such laws are detrimental for the economic prosperity of the state in question. Lawmakers opposing the bills argue that states proposing such legislation are being “fiscally irresponsible.“For example, in just four months after passing SB 1070, Arizona lost an estimated $141 million in visitor spending.

While debates around the politics, efficacy, economics and constitutionality of laws such as SB 1070 continue to rage, it is easy to forget that eventually it is individuals and their families that are most adversely affected by these laws. As more states think of taking immigration enforcement into their own hands, it is important to keep in mind that when we deny due process to some and compromise their civil liberties, we compromise the human rights of all.

Photo courtesy of the Associated Press/Al Behrman

Vulnerable communities react to Arizona’s new law

Last Thursday, 10 year old Katherine Figueroa sat in a room in a Capitol Hill building in Washington DC telling Members of Congress about her personal encounter with immigration enforcement. Fighting back the tears, the young girl pleaded to the Democratic Members of Congress who were assembled, “Please tell President Obama to stop putting parents in jail, all they want is a better life for their kids.”She told the story of how her aunt took her in after her parents were arrested by Sheriff Joe Arpaio’s deputies. “I would also have bad dreams where the Arpaio deputies would take my aunt, her family and me to jail,” Katherine said. This brings to mind the poignant question from a second grader that caught the First Lady Michelle Obama off guard last month, with her honest fear for her family momentarily forcing the issue out of the political realm and into reality.

Katherine’s testimony was part of an ad-hoc Congressional hearing that took place in a packed committee room on Capital Hill and was attended by Democratic Members of Congress. One of the witnesses, Silvia Rodriguez, thanked Colorado Democrat Jared Polis for referring to her as an “American,” saying that it was one of the first times she had ever been called one. Her testimony and obvious pain brought tears to Rep. Polis’ eyes.

The event, a forum for Members of Congress to hear the stories of  women and children who were directly affected by Arizona’s harsh anti-immigrant law, SB1070, had been organized by Arizona Democratic Rep. Raul Grijalva and a number of labor and civil rights organizations such as the National Day Laborer Organizing Network, the National Domestic Worker Alliance, the AFL-CIO, the Family Values at Work Consortium and Jobs with Justice. The aim of the hearing was to illustrate the direct impact that extreme immigration enforcement measures such as SB1070 have on women and children, who are the most vulnerable members of immigrant populations, to demonstrate the extremely urgent need for a comprehensive overhaul of existing immigration laws, and to pressure the Obama administration and Congress to prevent the implementation of SB1070. Silvia Rodriguez, the witness mentioned earlier, appealed directly to President Obama at the end of her testimony. She said,

The only time that I felt to be the slightest happy, or accepted or proud by this country was when President Obama won his presidency. For him to not step up and fulfill his promises, really, really breaks a lot of hearts.

President Obama’s campaign promise of immigration reform fade from memory as such legislation looks less and less probable in this election year. Unless blocked by any of the five legal challenges that have been filed since Gov. Brewer signed the bill in to law on April 23rd, SB1070 is scheduled to take effect on July 29th. In addition to the horrific stories presented by the women at the June 10th hearing, community groups such as Puente, working on the ground in Arizona, have reported a massive increase in incidents of racial discrimination since the law was signed. While race has always been directly linked to immigration law, measures such as SB1070 have spurred on more instances of discrimination such as the case of a blood bank in Arizona refusing to take the blood of people who only speak Spanish.

Opposition to the tough measure has been coming from all sides, and most minority groups and communities of color worry that they will be targeted by its harsh clauses that allow police to stop and question people based on the degree to which they appear “reasonably suspicious” of being undocumented. Most recently, the country’s largest Native American reservation, the Navajo National Council, voted to officially oppose Arizona’s new enforcement measure during a special session convened for this purpose. Council Delegate Kee Allen Begay sponsored the measure which he thinks will definitely be used to harass Native Americans, specially given the strong resemblance between the Hispanic communities and Native Americans.

As opposition to the law grows, so does copy-cat legislation in other states across the country. On Saturday, Texas Republicans voted for a law that would require police officers to immediately check the immigration status of people arrested on suspicion of a crime, even before their culpability on the crime has been proven.  It is imperative that the Federal government wakes up to the large-scale detrimental effects that a laws like Arizona’s SB1070 will have on communities, on state unity, and on the economy.

Photo courtesy of csmonitor.com

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

Tension mounts as Arizona’s anti-immigrant bill awaits its fate

Tension builds about the fate of SB 1070, Arizona’s harsh anti-immigrant legislation, that awaits being signed into law or being vetoed by Arizona Governor Jan Brewer today.

Advocacy groups in Arizona have mobilized to put pressure on Governor Brewer to veto the dangerous and unconstitutional bill. Last night, a group of people held an overnight vigil outside the Governor’s office. Today, a press conference will be held outside the Governor’s office where 50,000 petitions protesting the bill will be delivered. More actions drawing attention to the inhumane nature of legislation will continue through the week including rallies, prayer vigils and press conferences. Faith-based groups around the country have joined civil rights groups in condemning the bill, like Cardinal Mahony, head of L.A.’s Catholic Archdiocese, who likened the bill to techniques used by Nazis that compelled people to turn each other in.

The Arizona legislature just passed the country’s most retrogressive, mean-spirited, and useless anti-immigrant law. The tragedy of the law is its totally flawed reasoning: that immigrants come to our country to rob, plunder, and consume public resources. That is not only false, the premise is nonsense.

Meanwhile, Governor Brewer succumbed to phone calls ringing off the hook and released a non-committal statement about SB 1070, stating that she would review the legislation over the next couple of days and make an informed decision about the constitutionality of the bill based on the advice of her staff and experts. Speaking at the Hispanic Chamber of Commerce’s Black and White Ball on Saturday, she said-

In regards to Senate Bill 1070, I will tell you that I never make comment, like most governor’s throughout our country, before a bill reaches my desk. But I hear you, and I will assure you that I will do what I believe is the right thing so that everyone is treated fairly.

Amongst those who support the bill is Senator Russell Pearce, author of SB 1070, who has defended it against accusations of racial profiling saying, “That’s the biggest myth in the world…Illegal is a crime. It’s not a race.” A New York Times article that explores how he came to be the author of one of the most racist and regressive pieces of legislation in recent years talks about his own history with immigration – In 2004, his son, a Sheriff’s Deputy in Maricopa County, was shot and wounded by an undocumented immigrant, and 20 years ago, Pearce himself, also a Sheriff’s Deputy, was also shot and wounded while arresting gang members.

While it might come as a surprise to most of us that all but one Republican in the Arizona Senate supported the bill (all the Democrats opposed it), it is clear that many opinions around the bill are being shaped by upcoming election mania. Most shocking is Senator John McCain’s about turn, for someone one who supported comprehensive immigration reform with Senator Ted Kennedy four years ago, he  has  given overt support to SB 1070, which he thinks will be a “good tool” and “a very important step forward. His office later said his comments did not represent an endorsement, but did not deny his support to the bill either.

When the fate of the country rests in the hands of politicians who can only see as far as the next election, we can only hope that the courageous voices that are constantly fighting for equality, justice and human rights, are not ignored. Take action and tell Governor Brewer that vetoing SB 1070 is the only option.

Photo courtesy of nytimes.com

Law Enforcement Officer Says “Fire Arpaio!” who has taken the law into his own hands

Picture 1An effective and powerful resistance movement launched against Sheriff Arpaio’s of Arizona is finally yielding results. The Sheriff, notorious for his controversial anti-immigration stance directed against communities of color, has been under investigation by the Department of Justice for alleged civil rights abuses, and is now part of a federal grand jury investigation for possible use of his office to intimidate local officials and political opponent who disagreed with him. Meanwhile, a large scale protest expecting ten to twenty thousand people is being organized for this Saturday in Phoenix, Arziona, to bring national attention to the hatred and extremism that Arpaio breeds, along with a need to put pressure to end the agreement with the federal government that allows him to practice immigration law.

Here is a guest post by Detective Alix Olson of Madison Police Department, Wisconsin featured on the Imagine 2050 blog decrying Sheriff Arpaio’s policies

In my 29-year career as a police officer and detective with the Madison Police Department, in Madison, Wisconsin, I have witnessed and experienced many instances of hatred, violence and racism. In most cases, those negative things were not initiated by law enforcement; sometimes, unfortunately, they were. The 95% of us who sincerely strive to “serve and protect” are tarnished by the 5% of us who intentionally “disserve and destroy.” Nowhere is this more apparent in current American law enforcement than in Maricopa County, Arizona, where Sheriff Joe Arpaio has taken the law into his own hands, at the expense of the Constitution, professional ethics, and proper police conduct. Earlier this year, the mayor of Phoenix wrote a letter to the U.S. attorney general’s office, asking the FBI and the U.S. Justice Department’s civil rights division to investigate Arpaio’s aggressive illegal immigration crackdowns. Mayor Phil Brown wrote that Arpaio’s sweeps show “a pattern and practice of conduct that includes discriminatory harassment, improper stops, searches and arrests.”

Using local law enforcement to enforce Federal immigration laws, as Sheriff Arpaio is doing, weakens the very community links local police and sheriffs’ departments work so hard daily to maintain and build upon. Having community members who are afraid of local police should not be the goal of a department; instead, a far more wide-reaching and positive effect is gained by police-community trust, interaction and collaboration. This might sound too much like social work to Sheriff Arpaio, whose top-down, dictatorial methods favor humiliation, degradation, prisoner abuse, racial profiling, terrorizing Latino residents, and cavorting with local neo-Nazi groups. And according to a 2008 policy report on effective law enforcement by the Goldwater Institute, a libertarian-leaning watchdog group based in Phoenix, Sheriff Arpaio’s department “falls seriously short of fulfilling its mission.” The report found that Maricopa County has “diverted resources away from basic law-enforcement functions to highly publicized immigration sweeps, which are ineffective in policing illegal immigration.”

As we all know, police need the community’s trust to help solve crime and make our country stronger and safer for everyone living here, regardless of immigration status. I’m sure Sheriff Arpaio’s department is having a terrible time finding Latino witnesses and victims of crimes willing to report incidents or testify, but that supposes that he cares about them enough to take reports or help develop their cases for court in the first place. Dehumanizing is another strategy used by Sheriff Arpaio, parading inmates through the streets in funky clothes, “sheltering” them in sweltering desert tents, treating them like vermin, forgetting that he is as bound to them by a universal bond of humanity as much as he is bent on eradicating them.

When chief executives of local law enforcement agencies effectively target subgroups of persons who are not committing crimes, they not only alienate the community, they make it much harder for their agencies to recruit high caliber persons with integrity who reflect the faces of the community to take on the very hard job of policing. A sheriff like Joe Arpaio must have the hardest of times making those hires, and the more the world hears about him, the harder it is for more grounded, public spirited police agencies to hire the best of the best.

American law enforcement must demand the removal of Sheriff Arpaio from duty. He is truly a menace to the residents of Arizona, and our country. Simply stated, Sheriff Arpaio has marred the reputation of law enforcement for generations to come.

His warped sense of “justice” has no place in our society, unless we support Japanese internment camps, the ghetto-ization of African-Americans, and the deaths of countless Latinos attempting to survive their own countries’ destruction at the hands of US foreign and economic policies by struggling to come here to live, work and protect their families. I call upon the International Association of Chiefs of Police, as well as the US Department of Justice, to work diligently to remove him from the office he has squandered with racism and hate. Those of us in law enforcement working hard to build bridges of respect and trust with our communities don’t need another Theophilus Eugene “Bull” Connor erasing our progress.

Photo courtesy of www.puenteaz.org