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Legendary NY District Attorney calls the way we treat immigrants “a national disgrace”

90 year old Robert Morgenthau, New York’s legendary District Attorney for 35 years is recently retired, and has already dived into his new role at law firm Wachtall, Lipton, Rosen and Katz where he has committed to fighting for the rights of all immigrants in the United States.

Considered the inspiration for Law & Order, New York’s highest prosecuting office was presided over by Morgenthau, and was responsible for tens of  thousands of cases, including many high-profile trials. That’s why, when he speaks of the need to ensure the basic constitutional rights of every single person, particularly those at the margins, we need to pay attention.

In an interview with WNYC, Morganthau did not mince words on expressing his views on the current system.

Brian Lehrer: You’ve also been thinking about immigration law and the interface between criminal courts and immigration courts and immigration detention. This is something you said you were going to work on after your retirement and now you are. What have you been thinking about?

Robert Morgenthau: I think, the way we treat immigrants is a national disgrace and I’m ashamed of what we do. I think anybody who’s here in the United States, legal or illegal, is entitled to the full protection of the law and they’re not getting that. I set up an immigration program in the D.A.’s office and I publicly announced, over half a dozen times, that we would turn nobody over to the Federal authorities, as long as they continued to deprive these undocumented immigrants of their constitutional rights. And it’s a very, very serious problem, and again its a stain on our reputation. There are 2 problems one is the problems with laws themselves, and second is the way they are applied.

Morgenthau also spoke passionately about the need for a fair trial, whether in relation to the trial of 9/11 suspect Khalid Shaikh Mohammed, or to a “friend of the court” brief by the Brennan Center for Justice he recently signed backed by 62 prosecutors who are calling for more funding for indigent defendants. While this particularly applies to the criminal justice system, it is also an acute problem with the immigration system. More than half of of the people in deportation proceedings and 84% of people in detention do not have representation.

Brian Lehrer: Why is a prosecutor arguing for more defense attorneys?

Robert Morgenthau: As a prosecutor, I always slept better at night if i knew the defendant was well represented. I mean, our criminal justice system is an adversary system but for it to work you’ve got to have competent lawyers on both sides of the table… it’s critical to our system of justice.

When those fully immersed in the legal system speak out on the injustice of immigration law, we need to pay attention.

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Photo courtesy of www.nytimes.com

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

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

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

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

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

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

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

And there are many who expect more.

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

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

Lou Dobbs to resign from CNN after pressure by advocacy groups

After facing intense pressure for his anti-immigration rhetoric, Lou Dobbs announced his resignation last night to his viewers. He will be replaced by John King.

Wednesday’s program will be his last on CNN, even though his contract was not set to expire until the end of 2011.While his reasons were “some leaders in media, politics and business have been urging me to go beyond the role here at CNN and to engage in constructive problem solving as well as to contribute positively to the great understanding of the issues of our day”, the truth is that intense pressure from campaigns like Drop Dobbs and Basta Dobbs have had a tremendous impact, including the airing of a Drop the Hate ad on MSNBC.

The New York Times reports,

Mr. Dobbs has evolved over the years from a straight-laced business anchor to an outspoken commentator who rails against illegal immigration and taxpayer bailouts, among other subjects. Lately, though, he has saved most of his opinions for his afternoon radio show, which made its debut in March 2008. It is on the radio show that he talked repeatedly about the conspiracy-theory claims that President Obama is not a United States citizen. When he mentioned the citizenship issue on CNN over the summer, his bosses were forced to call it a “dead issue.”

Let’s celebrate the defeat of hate politics and the strength of action when we all rally together.

Restrictionist groups immigration report gets it all wrong

Guest Blogger: Michele Waslin from Immigration Impact blog

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In October, the restrictionist group Center for Immigration Studies (CIS) released a report singing the praises of the 287(g) program, which arms state and local enforcement with immigration authority. In The 287(g) Program: Protecting Home Towns and Homeland, the authors ignore the evidence and arguments put forward by law enforcement experts – such as the Police Foundation, the Major Cities Chiefs Association, and the International Association of Chiefs of Police – dismissing them as “national advocacy organizations.”

Among the truth-defying assertions made by CIS:

CIS Assertion: 287(g) agreements result in cost savings for localities.

FACT: While Immigration and Customs Enforcement (ICE) covers the cost of training deputized local officers and some detention costs, ICE does not pay for implementation of the program or any lawsuits that may arise due to civil rights violations. Local communities are responsible for the high costs related to the immigration enforcement activities. A report by the Brookings Institute found that Prince William County, Virginia, had to raise property taxes and take from its “rainy day” fund to help fund their 287(g) program. Their local law enforcement of immigration, which cost $6.4 million in its first year, is projected to cost $26 million over five years. They eventually slashed $3.1 million from the budget that was intended to buy video cameras for police cars to protect themselves against allegations of racial profiling. Arizona’s Sheriff Joe Arpaio created a $1.3 million deficit in just three months, much of it due to overtime for immigration enforcement.

CIS Assertion: There have been no documented instances of 287(g) jurisdictions rounding up people on the basis of appearance or ethnicity.

FACT: Multiple credible news sources have reported that Sheriff Joe Arpaio has conducted large-scale operations without any evidence of criminal activity, often in Hispanic neighborhoods or sites where day laborers convene, and has vowed to continue his sweeps, regardless of what ICE says. Arpaio has also created a citizen posse to hunt undocumented immigrants. Beyond Arpaio, a report from North Carolina found that 287(g)’s are being used to “purge towns and cities of ‘unwelcome’ immigrants.”

CIS Assertion: There have been no complaints filed or documented cases of racial profiling.

FACT: Again, Sheriff Arpaio is example #1. Nearly 3,000 lawsuits have been filed against Arpaio, and the Department of Justice is currently investigating accusations of rampant racial profiling and civil rights abuses by his deputies. The Department of Justice is also investigating Arpaio. There have been other mistakes and lawsuits as well. A lawsuit was filed on behalf of a disabled U.S. citizen who was mistakenly identified as a Mexican national and transferred to an ICE detention center and later deported. Another lawsuit has been filed on behalf of Juana Villegas after she was detained and shackled to a bed while giving birth.

CIS Assertion: The chilling effect is a myth. Immigrants are not fearful of cooperating with police and reporting crimes.

FACT: Law enforcement officials and community leaders have stated time and time again that trust with immigrant communities is crucial to preventing and investigating crimes and maintaining safe communities, but when police are viewed as immigration agents, immigrant communities fear cooperating. A North Carolina report found that 287(g)’s have “created a climate of racial profiling and community insecurity” in communities across North Carolina. In 2003, the Tampa Tribune reported that local police believed that some members of the community had information on a murder, but declined to come forward for fear of immigration-related repercussions. Clearwater Police Department’s Hispanic Outreach Officer William Farias said he “wasn’t surprised people were hesitant to talk… cultural differences and fear of deportation often keep undocumented immigrants from coming forward.”

CIS Assertion: 287(g) is a powerful tool for reducing crime.

FACT: While some local politicians have touted 287(g) as a solution to their crime problems, a Justice Strategies report found that 61% of jurisdictions with 287(g)’s had a violent crime index lower than the national average, and 55% witnessed an overall decrease in violent crimes from 2000 to 2006. Furthermore, 61% had a property crime index lower than the national average, and 65% saw an overall decrease in property crimes from 2000 to 2006. The conservative Goldwater Institute published a report documenting the Maricopa County, Arizona 287(g) has failed to protect the community. They found that, though the MCSO budget has increased at four times the rate of the county’s population, violent crimes increased nearly 70%, and homicides increased 166% between 2004 and 2007. Response times to 911 calls have increased, arrest rates have dropped, and thousands of felony warrants have not been served.

Apparently, the fact that 287(g) programs are costing localities millions to implement isn’t relevant to CIS’s myopic report, nor is the fact that crime-solving activities are being compromised or that trust between police and community is being eroded. What is important to CIS, however, is the propagation of the same old restrictionist myths that support a “deport them all” immigration enforcement strategy.