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Alabama’s “counterproductive cruelty-” HB56 – threatens the right to education and triggers exodus from the state

It’s been looming for months like a dark, ominous cloud over Alabama. After almost five months since it was first enacted and then pondered over by U.S. District Judge Sharon Blackburn, Alabama’s shocking HB 56 law went into effect on September 28, officially making the state the most regressive and cruel in its attitude towards immigrants. If the supporters of the law aimed to create the nation’s most hostile environment for immigrants, they have succeeded. The news of the passage of HB 56 triggered widespread panic across immigrant communities in Alabama, prompting numerous families to pull their children out of the local schools and many others to move out of the state altogether.

Among its several stipulations, HB 56 requires police to investigate the immigration status of those pulled over for routine traffic stops. This measure ostensibly lends itself to racial profiling since it mandates that police make judgments on who to stop for “reasonable suspicion” based on their appearance. Moreover, the law will also make it a felony for an undocumented migrant to do business with the state and make it a misdemeanor for an undocumented resident to be without immigration documents if stopped and checked. In addition to permitting police to ask for documents from anyone they suspect of being undocumented, the law also invalidates contracts with undocumented immigrants, which could keep them from finding housing.

Perhaps the biggest blow from the law is to the right to public education for all children. Under HB 56, elementary and secondary schools are now required to check the immigration status of incoming students. This unconstitutional crackdown in the education sector goes against a 1982 Supreme Court ruling that all children living in the United States have the right to a public education, regardless of their immigration status. In the case, Plyler vs. Doe in Texas, the justices had struck down a state statute that denied funding for education to undocumented students and charged such students $1000 annual fee to compensate for the lost state funding. The judgement was formed on the rationale  that an uneducated immigrant community was not beneficial for the country.

That reasoning, it seems, was lost on the Alabama state government that just passed HB 56. The law’s damage to the state economy is already evident. The Associated Press reported in the days following the ruling, only handfuls of farm workers showed up for work. According to an article in the The New York Times on the sudden exodus of immigrants from the state-

Critics of the law, particularly farmers, contractors and home builders, say the measure has already been devastating, leaving rotting crops in fields and critical shortages of labor. They say that even fully documented Hispanic workers are leaving, an assessment that seems to be borne out in interviews here. The legal status of family members is often mixed — children are often American-born citizens — but the decision whether to stay rests on the weakest link.

Within just a week of the law going into effect, schools across the state of Alabama have witnessed a dramatic drop in attendance by Hispanic students, with many of them even withdrawing completely. In Montgomery County alone, over 200 Hispanic students stayed home the morning after HB 56 went into effect. Other counties and school districts also reported numerous students either absent or withdrawn over the week, prompting the superintendent in Huntsville to go on a Spanish-language TV channel in an attempt to calm the widespread worry. While authorities claim that they only want schools to report numbers and not names, communities are not convinced, fearing a likely situation where children will be targeted for their status.

This Associated Press video outlines some of the devastating elements that make HB 56 harsher than some of the anti-immigrant laws previously enacted in Arizona and Georgia-


The reactions from within the community have been those of shock, fear and hurt. Victor Palafox, a resident of Birmingham who was brought to the U.S from Mexico when he was six, commented, ”Younger students are watching their lives taken from their hands.” The devastating effect this law will have on the education of immigrant children is already very visible. Legal residents such as Cuban-born Annabelle Frank expressed her fear of sending her six-year-old son to school: ”I’m actually considering home-schooling. Because I don’t want him involved in all this that’s going on. I know, because he is Hispanic, in some way he’s going to be singled out, you know? I’m really afraid of that.”

HB 56 unapologetically sanctions racial profiling and in doing so, has countless repercussions on various aspects of life in Alabama. While the negative impact on education and the state economy is already becoming clear, the law will instill a climate of fear and mistrust between communities and local police and law enforcement. A New York Times editorial questions the “counterproductive cruelty” of HB 56, asking “Do Alabamans want children too frightened to go to school? Or pregnant women too frightened to seek care? Whom could that possibly benefit?”

The passage of this law could result in the isolation and ghettoization an entire section of the population. HB 56 doesn’t present any sort of solution to the issue of undocumented immigration. It only throws the entire state into jeopardy in the long run, with the immigrant communities and children bearing the absolute worst of the damage.

Laws such as Alabama’s HB 56 and Arizona’s SB 1070 are unconstitutional and against the grain of basic American values of dignity, and respect for everyone. Education is a human right. Living without fear of racial profiling is a human right. When we deny human rights to some, we put all of our rights at risk. If you think Alabama’s HB 56 is unjust, please sign this petition to the Department of Justice asking them to block the law from going into effect. To rally for Alabama’s future, click here.

Photo courtesy of colorlines.com

Time to pass the DREAM Act

We are pleased to report that Senator Majority Leader Harry Reid recently announced that he would schedule a vote on the DREAM Act. This is a step forward in ensuring that young people that have worked tirelessly and built their lives in America have the rights they deserve.

The DREAM Act would allow current, former and future undocumented high-school graduates a pathway to citizenship through college or the Armed Forces. The DREAM Act allows young people who have grown up in the United States to fulfill their American dreams.

Millions of young adults across the country need your support so they can live the dream that they worked so hard for. Because when we deny fairness to any one group of people, we put all of our rights at risk.

Tell your Members of Congress to PASS THE DREAM Act and stand up for fairness.

Photo courtesy of dream activist

A mural in Arizona lightens as race issues get darker

Some months ago, local artists in Prescott, Arizona were commissioned to paint a “Go Green” mural outside Miller Valley Elementary School to promote environmentally friendly transportation. The finished piece featured portraits of four children, with a Latino boy holding a central place, drawn from photographs of children that attended Miller Valley, one of the most ethnically diverse schools in Prescott. But R.E. Wall, the artist that headed the downtown mural project, said that the artists working on the mural were regularly subjected to racial slurs and epithets while they were painting the two large walls located in the middle of one of the town’s most trafficked intersections. Comments such as “you’re desecrating our school,”" Get that n***** off our wall,”" Get the s*** off the wall” were common.

Recently, the school principal Jeff Lane asked the artists to alter the mural by lightening the skin tone of the children depicted in it. While he insisted that his alteration request was purely an aesthetic one related to shading “that made the faces darker than they are,” it is difficult not to attribute his alteration order to the taunts and racial comments that the mural was receiving. Wall said that the principal asked him to make the children’s faces appear “happier and brighter,” but he is convinced that “it is being lightened because of the controversy.”

Prescott City Councilman Steve Blair has led a public campaign on his talk show on a Prescott radio station (KYCA-AM) to remove the mural. Without doubt, Blair’s raving about the mural on his show has added fuel to an already brewing controversy. “Art is in the eye of the beholder, but I say [the mural] looks like graffiti in L.A.,” Blair said. Following that, he mistook the ethnicity of the child at the center of the mural and said on his radio show -

I am not a racist individual, but I will tell you depicting a black guy in the middle of that mural, based upon who’s President of the United States today and based upon the history of this community, when I grew up we had four black families – who I have been very good friends with for years – to depict the biggest picture on that building as a black person, I would have to ask the question, Why?

He finished his rant off saying that diversity is a word he “can’t stand.”

Something very worrying is afoot when it comes to race in Arizona, and it brings to mind a certain new Arizona law, scheduled to go into effect at the end of July, that makes it a crime to be undocumented in the state, and mandates local police to question and detain people who appear “reasonably suspicious” of being undocumented.

The problem is being made worse by the ill-founded justification that is being bandied about for the new racial profiling law. Media personalities like Bill O’Reilly and legislators like Russell Pearce (the sponsor of SB 1070) have popularized the misnomer that laws like these are the only solution to an exploding crime rate in Arizona, which they link to its immigrant population. Bill O’ Reilly’s rhetoric in defense of the new law goes like this-

“The Arizona authorities say we’re desperate. We don’t have the money. Our crime problem is through the roof. Phoenix one of the most dangerous cities in the country. We got to do something.” (May 4, 2010); “So the state of Arizona faced with an overwhelming crime problem, social chaos and a bankrupt treasury had to do something.” (May 6, 2010); “Arizona is  overrun with crime and everything else and people getting slaughtered on their ranches. I mean, it’s insane.” (May 21, 2010)

The folks at FAIR (Fairness and Accuracy in Reporting) have produced a solid list of figures that counter O’ Reilly and prove that the crime wave in Arizona is nothing but racist hype and fear-mongering. In reality, crime rates have been on the decrease in Arizona for many years despite the presence of undocumented immigrants. The city of Phoenix issued a statement saying that in spite of a growing population and challenging economy -

Violent and property crimes in Phoenix continue to drop…The numbers of crimes in 2009 are on track to be the lowest in 15 years…Through November 2009, Phoenix’s violent crime rate has continued to decline, dropping 18 percent over the same period in 2008.

If people like O’ Reilly did their research they would have come across a report released by the Immigration Policy Center that explicitly states that immigrants are, in fact, less likely to commit crime than non-immigrants. According to the 2008 report, crime rates are lowest in states that have a high immigrant population, often making them safer than other places. For example, it notes that El Paso, Texas, a poor city with a large population of undocumented people, is one of the safest cities in the United States. A 2007 University of California Study found that for any ethnic group, the rates of incarceration for young men were consistently lowest for immigrants, regardless of their education or class status.

The good news is that since FAIR circulated their “Stop O’Reilly” petition, he seems to have held back on his false accusations. Unfortunately though, this will not prevent the draconian SB1070 from being implemented on July 29th and with such a law in action that works to generate a fear of local law enforcement in the community, we can probably count on efficient crime solving going from bad to worse. Worst of all the implications of such a law (and the racial profiling that it will encourage) is that incidents such as the one in Prescott will seem less and less outrageous in a culture where the state itself sanctions questioning people based on their perceived appearance.

Photo courtesy of nydailynews.com

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