For millions of immigrants, here — the U.S. — is home. But for many immigrant women, home is not safe. The last few years have brought a steady decline in the human rights of all immigrants to the United States. Our broken immigration system and cruel anti-immigrant laws have had particular impact on immigrant women and the families they’re raising. Many immigrant women are sole breadwinners — yet they earn 13 percent less than their male counterparts and 14 percent less than female U.S. citizens.
Many families have already been separated by deportation or indefinite detention, often without due process. Other parents and children — especially in states where police demand the papers of anyone inviting “reasonable suspicion” of being undocumented — live in fear of these threats, rarely leaving home at all. These laws also force women to choose between the threat of an abusive husband and the threat of deportation if they call the police. They send pregnant mothers to give birth in shackles with federal agents by their side. They trap women and LGBTQ people in immigrant detention centers under the constant threat of physical and sexual abuse. They drive parents to give power of attorney over their children to friends, neighbors and employers because the threat of deportation and indefinite detention is just too real. In fact, in the first six months of 2011, the U.S. deported more than 46,000 parents of U.S.-citizen children.
If so, let us know you’re here for, in support of, and in solidarity with, immigrant women.
Here are 3 quick things you can do:
1. UPLOAD A PHOTO of yourself on the #ImHere wall and join the growing number of women, men and young people in the U.S. and beyond who believe in human rights for all women. Check out the wall here: http://ow.ly/bKlar. First, print or write out a sign saying #ImHere. Second, take your picture holding up the sign. Third, upload the photo here: http://imherebreakthrough.tumblr.com/submit. (NOTE: You don’t need to have an account to upload.)
2. Post this on your Facebook page: Here’s a great way to show solidarity with immigrant women. Upload your photo onto your own, or your organization’s Facebook page and tag @Breakthrough.
3. Tweet this out: #ImHere to support the rights of immigrant women. Are you? http://ow.ly/bKlar #waronwomen @breakthrough
Other ways to submit:
EMAIL: Send your photo to us at email@example.com. Include your first NAME, CITY of residence, and TWITTER handle (if you have one) so we can follow you.
INSTAGRAM: Tag your photo #ImHere and share to Twitter and Facebook.
FACEBOOK: Post your photo to your timeline and tag our Breakthrough page. We’ll do the rest!
Thanks so much. Together we can build an America where all women, and their families, are safe in their homes and limitless in their dreams.
Early one morning, Maria—then nine months pregnant—and her family were stopped by the police for no discernible reason. A special breakfast outing became a nightmare—and at one of the most intimate moments of her life, Maria found a team of immigration agents—not her husband—by her side.
Maria’s chilling story, which Breakthrough captured on a trip to the Mexico/Arizona border, is the centerpiece of “Checkpoint Nation? Building Community Across Borders,” a powerful new documentary that depicts the reality of post-9/11 racial profiling — as mandated by laws such as SB 1070 in Arizona, which are now being imitated and implemented nationwide — along with the new and strengthening alliances of diverse groups committed to racial justice.
Set in the U.S./Mexico border area near Tucson, Arizona, a region that sees more and more migrant deaths every year, the video explores the idea that the way to move forward is to find connections and build coalitions among between diverse groups of allies — including Muslim-, South Asian-, African-, and Latino-Americans; civil rights lawyers and media activists — that have identified with each other’s histories and united in the common goals of justice, equality, and respect for all.
“Checkpoint Nation?” was produced to complement the release of a new report and Week of Action around the 10th anniversary of September 11th spearheaded by Rights Working Group, a national coalition of more than 300 civil liberties, national security, immigrant rights and human rights organizations committed to restoring due process and human rights protections that have been eroded in the name of national security. The report, “Reclaiming Our Rights: Reflections on Racial Profiling in a Post-9/11 America,” will be released September 14th.
Denying fairness and justice to some puts all of our freedoms at risk. Ten years after September 11th, we must challenge ourselves to unite across our differences and reaffirm the real American values of pluralism, democracy, and dignity for all.
Watch the video and take action to stop racial profiling in your community.
Post written by Dana Variano, Breakthrough’s newest media team member
It was the first time I had experienced the overwhelming size of the desert sky. The sunset was magnificent, and the endless stretch of cacti and desert rocks were lit up with the last pink moments of twilight. But the sunset’s beauty was overpowered by what I had seen earlier in the week in Arizona: men and women in shackles (feet chained to waist, waist chained to wrists), a morgue filled twice-over with John & Jane Does, a wall that divides families and ancient lands. From this view, the sunset had a whole different meaning: it marked the beginning of one more cold, waterless night for so many migrants forced to hide in the militarized desert.
I’ve just returned from Tucson, where Ishita Srivastava (part of Breakthrough’s media team) and I were part of the National Border Justice and Solidarity Delegation. Made up of a group of organizers from DRUM (Desis Rising Up and Moving), Vamos Unidos, and Coalicion de Derechos Humanos, the delegation spent five days learning about the struggles of migrants and people of color in Arizona, first-hand. Ishita and I filmed the delegation for a documentary to be released on the tenth anniversary of September 11th. The video camera could hardly capture all that we saw.
Arizona is everywhere in the news. Sheriff Joe Arpaio, SB 1070, Secure Communities: up here in New York, these problems loom large, but also appear fuzzy and distant. So our delegation came together in a place where the struggle is immensely urgent- in Tucson, Arizona- to show solidarity, and bring back what we’ve learned to our peers in New York.
The delegation spent the first day with Isabel Garcia, (Co-Founder of Coalición de Derechos Humanos) learning of the realities of howNAFTA crushed Mexico’s economy, and forced families to leave their homes for the north in order to survive. We watched an Operation Streamline (PDF download) court proceeding, and witnessed first-hand as 60+ migrants were denied due process, and sentenced to felonies and months in prison. If they come back again (which most do), they will be facing up to 30 years in jail. The men were brought up and sentenced in groups, having no chance to do more than answer “si” or “no” to questions they did not understand. As they were paraded out of the court and into the jails, one man looked as if he was going to pass out. He had been in the desert for days, his lawyer told us, with no food and too little water. “When you get to the facility, tell them you’re sick,” said the judge in an irritated manner. “Be proactive.” Proactive. It was all we could do not to yell out at the irony.
The next day, we walked across the border in Nogales, Mexico and drove across in Sasabe, Mexico: these excursions were crucial in understanding how militarization feels. The highway was empty, except for the white border patrol trucks which passed us by every 2-3 minutes. Buses with tinted windows and bars inside lay hidden by the sides of the road, waiting in the brush to be filled with migrants and driven to American prisons. Border Patrol stopped and searched our van three times that day, even once when we were leavingthe U.S. and entering Sasabe. That time, four patrols eyed us as one checked our passports and green cards: between them they had eight guns, three semi-automatic. They were not happy to see us, a group of 17 American citizens, each a different color, focused on justice.
Once we crossed into Sasabe, a town which has been taken control of by the cartels, an air of stress lifted from our van- children waved at us, men drank sodas in the shade. The van let out a collective sigh. We weren’t being watched anymore. The Mexican border employees let us into their private building to use their bathrooms. We were greeted with smiles and cheers directed at the football game on the TV, as the US Border Patrol watched from down the street grudgingly. The juxtaposition was stunning.
And then we were at the border wall, made of recycled tanks from the Afghanistan and Iraq wars, dividing the countryside in two. On one side: flood lights, border patrol, and empty desert. The other: a litter of discarded black water jugs, and empty desert. The wall now stretches across Arizona in the easiest places to cross, so that migrants are purposefully funneled into the most treacherous conditions. As a result, death counts have risen to record breaking numbers: the human remains of 183 men, women and children were recovered on the Arizona-Sonora border in the fiscal year 2006-2007 alone. And for every body discovered, there are many more not found. The most surprising thing about the wall? How it suddenly ends, leaving a gaping whole- one vast desert land- showing how imagined these “borders” are, and how American policy is literally dividing communities.
Arizona is a testing ground for policies that could be enforced across the United States. Racial profiling laws, unjust treatment by the police and court systems, the belief that one human is not equal to another: these are all things for which we must speak out, before these poisonous policies spread. To learn how you can help the crisis on the border, from anywhere, visithttp://www.derechoshumanosaz.net/get-involved/ and our immigration and racial justice campaign - Restore Fairness. Breakthrough’s film, which will focus on the issue of racial profiling, will premiere on September 11th’s tenth anniversary. Stay tuned.
President Obama holds the unflattering distinction of having overseen the most deportations under any American president in history. Since the deeply flawed Secure Communities program (S-Comm) was launched by Immigration and Customs Enforcement (ICE) in 2008, around 100,000 people have been deported through its unjust policies and enforcement. Furthermore, in fiscal year 2010, almost 400,000 people were deported under various stipulations (including S-Comm), making it one of the worst years for deportation in our country’s history. The program’s design and implementation flaws have encouraged racial profiling by law enforcement officials and also victimized those convicted of lesser crimes such as traffic violations, etc. Contrary to its name, Secure Communities is a program that makes people feel less safe, hurting the trust that is a cornerstone of an effective law enforcement system in a diverse country such as this.
In a post-9/11 scenario where state paranoia has amplified and hurriedly turned into ineffective and damaging law enforcement policies, the moves made by ICE are not only alienating an aspiring new generation of immigrants, but also gravely affecting the bedrock of this country. Instead of reacting productively to the widespread criticism, ICE has hardened their stance even more. In a shocking development last week, ICE eliminated the Memoranda of Agreement (MOA) that it had signed with some states, thereby enforcing S-Comm without any state or federal agreement at all. It has also vowed to keep extending S-Comm nationally by 2013, regardless of whether individual states disapprove.
On August 16, the National Day Laborer Organizing Network (NDLON), in partnership with Detention Watch Network (DWN) and several other human rights organizations, released a comprehensive report titled ‘RESTORING COMMUNITY: A National Community Advisory Report on ICE’s Failed “Secure Communities” Program.’ (PDF). The report maps out details of how S-Comm has failed as an immigration policy, doing much more irreversible damage than actually fixing the problem at hand. It includes testimony from law enforcement officials, scholars and academics, and organizers and advocates. Criticizing the ineffective program, the report summarizes S-Comm, stating that:
It multiplies laws and enforcement policies that, in effect, make the pursuit of the American Dream a criminal proposition for current generations of immigrants. That such a program should be the showcase policy of an Administration that presents itself asa champion of immigration reform is a betrayal. Multiplying the force of misguided policy and unjust laws is not reform—it is a step backwards.
The report criticizes the entangling of local police in civil immigration law enforcement, and warns agains the “Arizonification” of the country. While highlighting the flaws of S-Comm, the report also stresses on the way forward, strongly pushing for a clear separation of ICE from local police forces. Based on the various testimonies, studies and developments, the report calls for the following:
1. The immediate end, not mending, of the S-Comm program.
2. The completion of the ongoing audit of S-Comm by the Department of Homeland Security Office of Inspector General. Additionally, the Department of Justice Office of Inspector General should begin an investigation into the FBI’s role in Secure Communities.
3. The criticism of S-Comm should be used to amend other ICE programs, and local law enforcement must be untangled from federal civil immigration processes, removing immigration powers from police.
4. States and local jurisdictions should be given the option to participate in or opt out of immigration enforcement programs, including the forwarding of fingerprints and other biometric information to the Department of Homeland Security (DHS).
The report also highlights the stories of several individuals from across the country who have been victims of S-Comm, facing deportation as a result of simply calling 911 for an emergency, being pulled over while driving or any other arbitrary reason. One of the anecdotes is told by Mercedes, an 18-year old young woman in Nashville, Tennessee. On a normal Sunday afternoon in May, Mercedes was pulled over “for driving less than 10 miles over the speed limit.” After questioning her immigration status, the police officer put her in handcuffs and began filling out the paperwork for the 287(g) program to begin the process of her deportation. When Mercedes asked te officer what would happen to her and if she would make it to her high school graduation the following weekend, the officer “answered me with a smile on his face and told me that I was never going back to school and I would never see my family ever again, I started to cry.”
Mercedes spent 3 days in jail and is now facing deportation. She came to the U.S when she was 11 and qualifies to benefit from the DREAM Act. With aspirations to become a doctor, Mercedes sees herself as American – her life established in Nashville and plans for a future in this country. Reflecting on her experience, Mercedes said,
When this happened to me I realized how sad it is that families have been destroyed just for not having an ID or because of racial profiling. When I was in jail, I felt my dreams were destroyed,that my family was very far from me and I felt afraid that if we don’t stop this now, it will continue to happen.
The release of the ‘Restoring Community’ report coincided with a ‘National Day of Action’ called by various immigration reform activists to protest against the worsening immigration policies of the federal government. Protestors gathered outside President Obama’s campaign headquarters in Chicago on August 16 calling for an end to S-Comm. Several organizations worked together to call for the multi-city protests and delivered petitions to various Democratic party offices in Miami, Atlanta, Houston and Charlotte, demanding that the program be terminated. Gregory Chen, director of advocacy for the American Immigration Lawyers Association, spoke to the New York Times about how the practices of ICE have brought “a flood” of people booked under minor offenses to the immigration attorneys in the organization, calling it “the tip of the iceberg.” Chen added:
Fundamentally, D.H.S. is saying one thing but doing another…[It is] distorting its own mission of focusing on public safety and national security risks.
As the campaigning for the 2012 election ramps up and various candidates are assessing their policies, it is imperative that urgent and comprehensive action be taken by the government to address the violations to human rights and due process that are being enacted due to harsh anti-immigrant laws such as this. S-Comm is a deeply flawed program that has done more damage than good. It encourages racial profiling, separates families, and is enforcing a message that the thousands of immigrants that are working hard and aspiring to the American dream are no longer welcome.
The Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency has demonstrated that it has gone completely rogue. Since rolling out the Secure Communities program in 2008, ICE has signed Memoranda of Agreement (MOAs) with various states and over 1500 jurisdictions have been activated with the program.
On Friday afternoon, ICE announced, shockingly, that it will unilaterally rescind the MOAs and proceed with Secure Communities without the agreement of state and local jurisdictions.
Contrary to the announcement of John Sandweg, Counselor to the DHS Secretary and Deputy Secretary, the federal statute that Sandweg cites as mandating participation in Secure Communities does nothing of the kind. It requires information sharing but does not require states to participate in this initiative, nor does it require the deportation of migrants who have been arrested but not yet convicted of crimes.
ICE insists that Secure Communities is mandatory and will become fully operational in every jurisdiction of the country by 2013. Rights Working Group denounces ICE’s actions.
“Across the country, local jurisdictions and states have publicly rejected the Secure Communities program and have told the federal government that they do not want Secure Communities destroying their communities, separating families, and encouraging discriminatory police practices such as racial profiling. For ICE to thumb their nose at the decisions of elected officials to withdraw from the program is without legal basis and offensive,” said Margaret Huang, Executive Director of Rights Working Group.
Due to the public outcry about the program and the dangers it poses to community policing and safety, as well as the program’s violations of long-held principles of due process and fairness, several states and localities have demanded to opt out of Secure Communities. Most recently, governors of New York, Illinois, and Massachusetts have informed ICE that their states will no longer participate in the program.
Rights Working Group has long denounced the lack of transparency and accountability in the implementation of Secure Communities. Investigative reporters and documents received through a Federal of Information Act lawsuit unraveled ICE’s inaccurate statements and reversals of opinion on these MOAs—leading Congresswoman Zoe Lofgren (D-CA) and Senator Robert Menendez (D-NJ) to call for an investigation of the initiative.The Congressional Hispanic Caucus has urged the Obama Administration to place an immediate moratorium on Secure Communities.
Said Huang: “Secure Communities keeps local police from fulfilling their core mission of protecting our communities because when local police target people to enforce immigration law, it increases the level of fear and makes it far more difficult to gain community trust.” The vast majority of undocumented battered women are already reluctant to report their abuse to police for fear of detention and deportation. Secure Communities and similar programs make it even less likely that migrant witnesses and victims will come forward. “This Administration can no longer continue to stand by Secure Communities,” said Huang. “By continuing to support this program they are sanctioning racial profiling, eroding the trust local law enforcement agencies have built with communities of color and showing the international community that our immigration system does not respect the basic human rights of all persons in our country.”
Rights Working Group urges DHS to:
• Immediately stop the implementation of Secure Communities and similar programs unless and until meaningful civil rights and civil liberties safeguards are put in place to ensure that racial profiling and other human rights violations are not occurring, including collecting data on the perceived race or ethnicity of the people arrested, the charges that are lodged and the ultimate disposition of the case.
• Terminate Secure Communities in jurisdictions that have chosen to opt out of the program.
• Immediately suspend Secure Communities in jurisdictions with a documented record of racial profiling or where DOJ is actively investigating a pattern or practice of discriminatory policing.
Rogelio and Maribel Melgar came to the United States from Guatemala in 1999 with their family. Their son Brayan, then aged 4, had been diagnosed with throat cancer. The Melgars brought him to the U.S., legally, in the hopes of getting him the treatment that was not available in Guatemala. Their initial six-month stay was extended repeatedly as their son’s treatment required more time. The parents couldn’t bear the thought of taking him back to Guatemala to let him die or leaving him in the U.S. while they returned. On May 5, this year, after 12 years of treatment, Brayan passed away, leaving behind his devastated parents and four siblings. Following that tragedy, just over two months later, on July 11, Brayan’s father Rogelio was arrested and is now facing deportation.
The Melgar family is in a particularly complicated situation regarding their status. The parents – Rogelio and Maribel – as well as their older son Hans (16) are all undocumented. Hans is a clear candidate for the DREAM Act. The Melgars’ three youngest children – twin girls (8) and a son (4) – are U.S. citizens by birth. Because of their son Brayan’s prolonged treatment, a family sponsored the Melgars’ stay in the U.S. and arranged for a job at a restaurant for Rogelio. When the restaurant closed in 2004, Rogelio worked as a cook at a care facility until his arrest some weeks ago.
The case of the Melgar family is not unique. There have been countless families that have been fractured as a result of a broken and unfair immigration system that simply doesn’t account for the complexities in each case. The government is denying due process and fairness to communities by enforcing laws that do not allow immigration judges to rule on a case-by-case basis. Laws passed in 1996 eliminate important legal rights that previously enabled immigrants to challenge their detention and deportation. And in a post 9/11 world, these legal rights have been reduced even more dramatically, taking away immigration judges’ ability to consider the circumstances of each individual’s case, leading to mandatory detention and deportation for many.
Over 11% of the population of the U.S is foreign-born (Census Bureau PDF), with a significant number of them being undocumented. According to data released by the Pew Hispanic Center (PDF), undocumented immigrants comprise just over 4% of the adult population of the U.S., while their children make up 8% of the total newborn population and 7% of children (defined as under the age of 18) in this country. Cases of families torn apart, coupled with the numbers demonstrates the need for comprehensive immigration reform that supports basic human rights and ensures due process and fairness for all.
In the meanwhile, Immigration and Customs Enforcement (ICE) continues to maintain that the goal of the controversial Secure Communities program is to remove dangerous criminals who don’t have legal status. However, in practice, they have consistently shown otherwise. Numerous immigrants are stopped and checked on minor allegations by local enforcement authorities and their details shared with ICE’s database. This puts these immigrants, in most cases with no criminal record or with minor traffic violations, on the fast track to deportation. And in most cases, their deportation is shattering for the families involved.
Another case of this happening is the story of Salvador Licea of Texas. Licea is a father of two young girls who has lived in Texas for most of his life. He was recently pulled over for a minor traffic violation and then arrested for having an expired license. In a case of blatant racial profiling, he was then told that he was pulled over because his age and skin color matched the description of a ‘drug lord’ or ‘gang banger.’ The authorities took his fingerprints under the jurisdiction of SComm and he is now facing deportation.
Separation of families is one of the most unfortunate and unjust consequences of our broken immigration system. To learn about the story of yet another family affected by this, watch our Skype interview with Tony Wasilewski, a Polish immigrant whose wife Janina was deported four years ago.
It has now become a widely known fact that the Obama administration has deported more immigrants than the Bush administration, with numbers steadily climbing each year. However, even as President Obama has redirected his immigration efforts to deporting those immigrants who are deemed dangerous and have criminal records, ICE continues to round up people on minor charges. Furthermore, many undocumented immigrants who are trying to live an honest and hardworking life in the U.S. are in complex family situations which are not helped by blanket policies from the authorities. This applies to another set of cases where immigrants are married to U.S. citizens and still face deportation under a harsh 1996 immigration law that deems such immigrants deportable.
In the case of the Melgar family, Rogelio faced a hearing on July 19 in Provo, Utah, where him and his wife met for the first time since he was arrested. In a strange turn of events, the prosecutor, Deputy Utah County Attorney Chard Grunander, admitted that the state wasn’t ready to file charges against Melgar. The judge then released Rogelio’s $5,000 bond and told him he was free to go. However, immediately following this, Rogelio was taken back to Utah County Jail and is now being kept by ICE for a federal investigation.
Rogelio’s wife, Maribel, is still grappling with multiple blows to her family. She is trying to hold on to the memories of a time when her family was together and firmly believes staying in the U.S was the right thing to do:
If we had stayed in Guatemala, my son would’ve been dead at 6 years old…But God gave us a chance to have our son for another 12 years in this country.
It is important to work together to push for comprehensive immigration reform that won’t separate such families and will ensure dignity, respect, and due process for all. Become an ally of Restore Fairness and get involved today. For more information on the separation of families due to deportation and what you can do, go to familiesforfreedom.org
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.
The stories keep piling up – Jose Antonio Vargas, Pulitzer-Prize winning journalist who made the stunning revelation last week that he is an undocumented immigrant, Elisha L. Dawkins, a veteran of who served in both Iraq and Gauntanamo Bay, Gaby Pacheco , a young DREAMer who came to this country at the age of 7 and was one of four undocumented youth who walked 1,500 miles from Miami, FL to Washington D.C. to advocate for the DREAM Act.
These are only some of the heart-wrenching realities of everyday heroes who are offered no path to legal status in our broken and unfair immigration system. And while hundreds of thousands of people across the country are demanding that their voices be heard and that just solutions be created, Congress is paralyzed by partisan politics. Meanwhile, President Obama, has taken a disastrous enforcement-only approach that has led to the deportation of nearly 800,000 people in the last two years. We are talking 1,100 people a day. Most of these people have no criminal records and are stopped for misdemeanors as little as a traffic violation or jumping a turnstile, or are simply racially profiling for ‘looking like an illegal immigrant’.
The President who had long been an eloquent supporter of immigration reform. For example, on the campaign trail for the 2008 election, he said: “When communities are terrorized by ICE immigration raids, when nursing mothers are torn from their babies, when children come home from school to find their parents missing, when people are detained without access to legal counsel, when all that is happening, the system just isn’t working and we need to change it.” - 2008 campaign appearance at National Council of La Raza conference
And yet, despite these exclamations and promises, his actions reflect an approach with little respect for immigrant communities.
President Obama says he won’t act without Congress, but while Congress remains at a standstill, we know there are steps he can take using his executive authority to bring immigration relief to hardworking immigrants and families.
While the President can’t fix the immigration system alone, he can begin to undo some of the damage his own administration has caused. He can take executive action—with the stroke of a pen — to put an end to the senseless deportations of hard-working immigrants, the very folks he says should be allowed a chance to come out of the shadows.
This is why the New York Immigration Coalitionlaunched the ‘With the Stroke of a Pen’Campaign in November 2010, an on-going campaign to collect signatures on letters to President Obama asking him to use his executive authority to end unjust deportations. With every letter to be sent to the White House, the campaign is also sending a pen, so that the President can sign an executive action.
These are some of the actions that President Obama has the authority to do:
Halt the deportation of students who would be eligible to earn legal status under the DREAM Act and other immigrants currently facing deportation whose removal from the country is not in the public interest.
End Secure Communities and similar programs that erode community policing by co-opting local law enforcement officers as immigration agents.
Allow immigrants currently in the U.S. to complete the process of becoming legal residents here in the United States; forcing them to go to their home country to obtain the visa for which they are eligible often results in a ten-year bar to re-entry.
Expand alternatives to detention nationwide, and requiring detention only after the Department of Homeland Security establishes its necessity;.
Focus workplace immigration enforcement on exploitive employers who flout our labor laws and profit from our broken immigration system.
And today, across New York City, from Staten Island to Queens, from Brooklyn to Union Square, on the street and in churches and mosques, volunteers are galvanizing supporters and collecting signatures, in a kick-off to a month-long street and online blitz, demanding that President Obama begin to repair our broken immigration system and provide immediate relief to families.
We invite you to join us in our call to the President: stop the senseless deportations of our community members and be the change you are always talking about, by taking these steps.
Join our campaign and sign the letter now HERE and it will be delivered to the White House on your behalf.
In a bold move, New York Governor Andrew Cuomo on June 1 announced that the state will suspend its participation in the “Secure Communities” Program (SComm) until further review. His decisive announcement was a result of the culmination of hard work on the part of New York legislators, advocates and religious leaders to urge the state’s withdrawal from the program
The program, launched in Texas in 2008 with the goal of nationwide deployment of SComm being complete by 2013, has become increasingly controversial. Initially pitched as a voluntary program that would focus on apprehending those who were guilty of serious “crimes,” the program has faced a slew of criticism from local law enforcement, state officials and advocates for its lack of transparency and oversight, its detrimental impact on the safety of communities as a result of the breakdown of trust of local law enforcement, and its failure to fulfill its original goal of targeting those guilty of serious offenses. This costly program threatens to reduce trust between local law enforcement and communities, encourage racial profiling and separate families. For all the above reasons the Department of Homeland Security announced an investigation of the program at the end of last month.
Explaining his decision to pull New York out of SComm, Gov. Cuomo said-
“There are concerns about the implementation of the program as well as its impact on families, immigrant communities and law enforcement in New York…As a result, New York is suspending its participation in the program.”
The move has been welcomed by local officials, law enforcement and advocates, including some members of Congress. Expressing his support for Governor Cuomo’s decision, Congressman Jose E. Serrano said-
Governor Cuomo has taken a brave and necessary step in suspending New York State’s participation in the flawed ‘Secure Communities’ program, and he deserves great praise. He is firmly in line with our state’s pro-immigrant tradition and on behalf of the immigrants and their friends in our community, I would like to thank him. Having New York State pull back from this unfair and aggressive program should be a wake-up call to the Department of Homeland Security. It is time to end this program and I am glad my home state will no longer take part.
New York joins a small but significant group of states that have pulled out of the SComm program recently. Last month, Illinois was the first state to do so, and faced much resistance from the Department of Homeland Security (DHS) for the decision. A few days after New York’s exit from the program, Massachusetts Governor Deval Patrick also announced that his state would not sign on to the Secure Communities initiative. Gov. Patrick, in a statement justifying his decision to pull Massachusetts out of SComm, said-
We run a serious risk of ethnic profiling and frankly fracturing incredibly important relationships in communities that are important for law enforcement…I don’t think that the Obama administration is satisfied that the implementation of this program has been very effective.
In the absence of federal movement on immigration reform, the states are taking matters into their own hands. In the case of Secure Communities, this has resulted in three states with significant immigrant populations withdrawing their support of a program that they think is ineffective and unjust, sending a clear message to the Obama administration and ICE to review the program and take action to ensure accountability and security, as well as justice and due process for all. Inspired by the actions of Illinois, New York and Massachusetts, there are growing calls in other states, such as California, to pull out of Secure Communities as well.
In spite of these positive steps, the need for federal action on immigration reform is evident in cases such as that of Alabama, where a sweeping anti-immigrant bill that, much like Arizona’s infamous SB1070, mandates local law enforcement to stop people based on the “reasonable suspicion” that they are undocumented, enabling the profiling of people based on their appearance. Alabama’s H.B. 56 was passed in the Alabama House and Senate last week and now awaits the signature of Governor Bentley. This bill goes beyond the Arizona law- it mandates that public schools check the status of all students; bars undocumented students from enrolling in public college; makes it a crime to knowingly rent housing to those who don’t have documents etc. If enacted, this bill may well lead to unconstitutional racial profiling and a breakdown of trust between police and the communities they protect. We can only hope that like in the case of Arizona’s SB1070, the values of our Constitution will be upheld, but we wish that such laws could be averted by concrete federal action to repair the broken immigration system.
It is at this time that advocates of fair immigration and the numerous families that have been unfairly affected by SComm and other ICE enforcement initiatives look to the Obama administration to take swift action. There are steps that his administration can take, without necessary involvement from Congress, to push towards immigration reform:
The SComm program should be terminated since it has proven to be highly ineffective. Designed to focus on dangerous criminals, the program has instead been responsible for unjustly deporting a large number of people with no convictions.
End partnerships between local police and ICE, and return immigration law firmly to federal control. Local police are usually not trained in the sensitivity of immigration law, which often leads to people being arrested based on racial profiling or for minor offenses and eventually being deported.
While President Obama has already reiterated his stance against the harsh anti-immigrant laws being enacted in several states such as Arizona, Georgia and Indiana, his administration can be much more publicly critical of these laws. This would hopefully put pressure on the state legislatures to reconsider before taking such drastic steps.
The President can exercise his power to grant relief from deportation to the young people who can qualify for the DREAM Act, calling for “deferred action.”
Many undocumented immigrants already qualify for green cards but are hesitant to leave the country (and their immediate relatives who are American citizens) due to the risk of not being allowed back into the country. To ease this, the Obama administration can order the citizenship agency to allow these applicants to stay in the country, and with their families, while they are processed.
Finally, the President can also push for immediate reforms to improve the conditions of those in immigration detention, ensuring the safety and dignity of those being processed through the system.
Today, the immigration system not only tolerates those who break the rules, it punishes the folks who follow the rules. While applicants wait for approval, for example, they’re often forbidden from visiting the United States. Even husbands and wives may have to spend years apart. Parents can’t see their children. I don’t believe the United States of America should be in the business of separating families. That’s not right. That’s not who we are.
We only hope that such sentiments are translated – quickly and effectively – into major policy and legislative shifts that would in fact stop the racial profiling that is masked as immigration law enforcement in its current state. When we deny fairness to some, we put all of our rights at risk. 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 state Governor to help your state withdraw from the program.
In a move that has been widely welcomed by advocates for fair immigration policies, the Department of Homeland Security’s (DHS) Office of Inspector General announced this week that they plan to carry out an investigation of ICE’s Secure Communities program. Since the introduction of this program, ICE has faced criticism for many aspects of it, most importantly the lack of transparency and clarity with which ICE has executed the program. Representative Zoe Lofgren (D-San Jose), who has been instrumental in demanding the review of the highly controversial “Secure Communities” program, called on DHS to launch the investigation immediately following allegations that ICE had disseminated misleading information over the specifics of the program.
In a joint press release from the Center for Constitutional Rights (CCR) and National Day Laborer Organizing Network (NDLON), the CCR attorney Sunita Patel said-
“The worst part of ICE’s lack of transparency and accountability in the development and deployment of S-Comm is that every day S-Comm tears families apart and spreads fear in immigrant communities across the nation. ICE’s conduct belies a fundamental lack of respect for democracy and the people that are impacted by its harsh policies.”
Established in 2008, the Secure Communities program is DHS’s latest attempt to use local law enforcement to push people into the immigrant detention system. As per the program, all local law enforcement has to do is arrest someone on an offense, minor or major– and before the person is even convicted of the offense – their fingerprints are checked against federal immigration databases. If the fingerprint scan gets a “hit,” immigrants can end up getting carted off by Immigration and Customs Enforcement to an immigration detention center, putting them in for deportation proceedings. The lack of due process sets the stage for racial profiling without any proper training or real consequences for police agents. Many local law enforcement officials and counties have sought to opt-out of the program on the grounds that it leads to mistrust between the community and law enforcement, in addition to being an inefficient way of enforcing immigration laws.
Nationally, 1 in 4 people deported under S-Comm haven’t been convicted of any crime. That ratio jumps to over 50% in Boston, certain areas of California, and in multiple examples across the country.Those numbers raise questions about how S-Comm may allow local police to cover up profiling and circumvent due process.
This storm of objections over ICE and its Secure Communities program comes at a time when the U.S demographics are evolving rapidly and highlighting the ever pressing need for fair and just immigration reform that acknowledges the vastly diverse immigrant population of this country. The 2010 Census pointed to a significant increase in the minority (non-white) populations in the U.S., up from 31% in 2000 to 39% according to the latest numbers. Four states – California, Hawaii, New Mexico and Texas – now have minority populations that exceeded 50%, with Texas being the latest addition in this census. Painting a picture of the rapidly evolving demographic of our country, the Census results highlighted a dramatic increase in the Latino and Asian populations. While the Latino group grew by 3.1% to 48.4 million becoming the largest minority, the Asian population went up by 2.5% to 13.7 million. The African-American population grew less than 1% to 37.7 million, becoming the second-largest minority. Perhaps more interestingly, the fastest growing demographic was of those who identified themselves as “two or more races.” The Census reported that 9 million Americans identified as being multiracial, comprising 2.8% of the US population, a 3.2% increase since the last time. However, some estimate that the actual number is much higher, owing to people who picked one race over another or are simply unaware that they are multiracial.
Since the 1967 Supreme Court decision that repealed anti-miscegenation laws across several states, deeming them unconstitutional, there has been a considerable increase in the number of interracial couples and mixed-race children. The increase has also been spurred, in a large part, by the stream of immigrants that have made this country their home. It is time that the government makes sweeping changes to its policies towards immigrant populations, and ensure an end to harsh enforcement practices that break down the trust between communities and law enforcement, and endanger the safety and security of families. To lend your voice to ending the Secure Communities program, sign the NDLON petition at change.org.
For a lighter take on this issue, watch a segment on immigration reform from ‘The Daily Show with Jon Stewart.’ Stewart introduced Al Madrigal, a Mexican-American comedian who debuted as their new “Señior” Latino Correspondent. For his first report, Madrigal chose to focus on immigration reform: