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On Cinco de Mayo, we have music and games in support of Arizona’s immigrants

By the time I get to Arizona…By the time I get to Arizona….

What happens if you get to Arizona and you are stopped by the cops there and you don’t have any ID on you? Once the new anti-immigrant law, SB1070, comes into effect, its likely you will be detained. DJ Spooky and Public Enemy’s Chuck D think that’s ridiculous and take a stab at what that might be like. Both of them felt strongly about the ways in which such a law engenders racism and decided to rework the classic Public Enemy protest song, “By the Time I Get to Arizona”, originally written to protest the Arizona state government’s 1993 decision not to celebrate Martin Luther King Jr.’s birthday. This time around, the lyrics reflect their discontent at “those who don’t learn from the past with DJ Spooky seeing it as a “21st century look in the rear view mirror”. Check out the catchy tune.

Chuck D and his wife Theresa aren’t far behind. The rapper condemns the architect of the law Russell Pearce, Arizona Governor Jan Brewer and the Arizona State Senate for supporting a law that he calls “racist and deceitful.” Chuck D, known for his socially and politically-conscious style of rapping and for trying to bridge the racial gap between “black and brown” makes-

a call to action urging fellow musicians, artists, athletes, performers, academics and production companies to refuse to work in Arizona until officials not only overturn this bill, but recognize the human rights of immigrants.

He also calls on the world of sports to “speak up in defense of our brothers and sisters being victimized in Arizona, because things are only getting worse.” And the world of sports, a space that often stays well away from politics, has spoken, with players, sports associations and teams calling the law unjust. A number of Major League Baseball (MLB) players have taken a stand against Arizona’s new law, calling it an “immoral” violation of human rights. On Cinco de Mayo, the NBA team, the Phoenix Sons, made a statement against SB1070 by wearing special jerseys that had their team name written in Spanish, “Los Suns”, for a big game against the San Antonio Spurs. The jerseys, usually reserved for a once a year occasion on the NBA’s “Noche Latina” program were worn to make a political statement.

In announcing the Suns would wear their Spanish jerseys for Game 2 against the San Antonio Spurs — which falls on the Mexican holiday known as Cinco de Mayo — Suns owner Robert Sarver went out of his way to knock Arizona’s controversial immigration enforcement law known as Senate Bill 1070.

The young Latina pop sensation Shakira, who has met with White House officials to talk about immigration issues and even got an exclusive meeting with President Obama to lobby for children’s education, was quick to fly to Phoenix to offer her support to Latino families that were suddenly fearful for themselves after the passage of SB1070. In an emotional and heartfelt piece in the Huff Post, she writes-

To the rest of the world, the United States represents the dream of a better life based on justice and freedom for everyone — no matter the color of your skin. This law goes against those values and against the principles of every American I know…This law not only hurts the whole state of Arizona but the fundamental core values of America, the fabric of society itself. The true victory of a democratic nation is when its people can walk the streets without fear… This law won’t bring safety or protect America; it will cause chaos. It won’t create unity; it will create division.

Her words found resonance in Nobel Peace prize winner, Archbishop Desmond Tutu, who expressed his deep sadness at the passage of the Arizona law that targets immigrants. Recognizing the fact that Arizona suffers from a broken immigration system he said-

A solution that fails to distinguish between a young child coming over the border in search of his mother and a drug smuggler is not a solution…An immigrant who is charged with the crime of trespassing for simply being in a community without his papers on him is being told he is committing a crime by simply being…These are the seeds of resentment, hostilities and in extreme cases, conflict…With the eyes of the world now on them, Arizona has the opportunity to create a new model for dealing with the pitfalls, and help the nation as a whole find its way through the problems of illegal immigration. But to work, it must be a model that is based on a deep respect for the essential human rights Americans themselves have grown up enjoying.

Let’s hope that all these efforts in the name of dignity, human rights, equality and peace do not fall on deaf ears. Write to President Obama and let him know the need for immigration reform now.

Photo courtesy of cbsnews.com

Sponsor of SB1070 doesn’t understand it. The Daily Show does (and doesn’t like it).

Three simple images. Dora, Eric from Chips, and a serial killer. Now guess – who looks “reasonably suspicious” of not having papers and therefore should be stopped and questioned by the Arizona police as per it’s new law, SB1070?

That’s the question Daily Show host Jon Stewart asked on the show last night, referencing the images above. Calling out the “draconian new immigration law” for being an affront to democracy by requiring people to carry their documents on them, he likened it to a time in the pre-civil rights era when newly freed black slaves were required to carry IDs. Jokes apart, the staged sketch gave us a little taste of what life could be like if SB1070 was, in fact, enforced in Arizona. It was the same question posed to Governor Jan Brewer, when signing the bill into law, to which she replied, “I don’t know what an undocumented immigrant looks like?”

Confusion around the bill is rife. In an interview on MSNBC’s Hardball with Chris Matthews, co-sponsor of the bill Senator Huppenthal agreed that it would be racial profiling were officers to check the status of someone based on “reasonable suspicion”, thereby going against the statute of the bill that he signed into law. About 8 mins. into the clip, Chris Matthews asks Senator Huppenthal -

Under the law you passed and was signed by the governor this week, can a police officer who spots a car with five or six people in it, who he thinks because of instinct, experience, whatever, evidence, whatever you use— can he stop that car and say, I think these people are here illegally, I‘m going to stop and check them?  Can he under the law do that, without any crime involved?  Can he do that?

After hedging the question, Senator Huppenthal answered-

You know, the racial profiling was illegal before this bill. It‘s illegal after it.  The bill itself makes it illegal…No, he cannot.  That would be – that would just simply be racial profiling, and that would not be permitted under the law.

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Since its passage, civil rights groups, advocacy groups and President Obama have critiqued SB1070 for practically mandating racial profiling and violating fundamental notions of fairness. Clearly, when its co-sponsors cannot articulate its impact, then its effects will be even more adverse. These are already being felt on Arizona’s economy and tourism as calls for an economic boycott come to light, even as Governor Brewer continues to deny any wrongdoing. Meanwhile Phoenix Mayor Phil Gordon has taken a strong opposition stand to what he considers an unconstitutional and unenforceable law, including approaching the Phoenix City Council to give their support to a lawsuit filed by the city of Phoenix to prevent the laws implementation because of its effects on civil rights and costs associated with its wrongdoings.

SB1070 is going to have ripple effects. For the state of Arizona, for its potential copycat effect across the nation, and for the ideals of equality and justice. Take action now and stop this dangerous law from being implemented.

Arizona’s SB1070 cannot answer what an undocumented immigrant looks like?

After days of protests, petitions and phone calls, Arizona Governor Jan Brewer signed SB1070 – Arizona’s anti-immigrant and racist bill – into law. The news has hit hard as fears around racial profiling and civil rights violations become paramount. SB1070 gives police officers the powers to stop, detain and arrest anyone they have “reasonable suspicion” to believe is undocumented. It also allows people to be charged with harboring and transporting undocumented immigrants (which means if you have an undocumented immigrant with you in the car or at home, you could very well be in trouble) as well as gives police the power to arrest day laborers and those who hire them.

In what many consider a move to save her political career, the Governor was adamant in stating that under no circumstances would the state of Arizona tolerate racial profiling or discrimination. The law prohibits race or ethnicity from being the only factor in assuming someone is undocumented, but allows for it to be one factor among others. The Governor is also issuing an Executive Order that will give police officers additional training in the law to prevent racial profiling. But when asked what does an undocumented person look like, the Governor replied, “I don’t know what an undocumented person looks like”. So the question remains – how will the police know what they look like and what exactly will amount to “reasonable suspicion”. Even more telling was the Governor’s statement that “we have to trust the police” and that “people across the country are watching Arizona” and so it is important to “prove the alarmists wrong”.

Who constitutes these alarmists? A range of folks including police associations, faith based groups, immigration right leaders, and leading civil rights groups. Of these, The Leadership Conference on Civil and Human Rights, the Anti-Defamation League, the NAACP and Mexican American Legal Defense & Educational Fund have come together to denounce the bill, calling it out for making racial profiling the standard and undermining effective community policing by creating distrust between law enforcement and communities of color. Former police chief and founder of the Law Enforcement Engagement Initiative has called it “a catastrophe for community policing, with repercussions that will be felt by law enforcement officials across the country.” Even President Obama critiqued the bill for being “misguided” and “irresponsible” at a naturalization ceremony for the armed forces, stating-

The recent efforts in Arizona…threaten to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe. In fact, I’ve instructed members of my administration to closely monitor the situation and examine the civil rights and other implications of this legislation.

MALDEF has already indicated it will challenge the constitutionality of the law and is confident that it will be overturned as it invades the federal realm of immigration and violates equal protection and due process clauses. It is likely the law may never be instituted if that happens, but not until it costs the state of Arizona a pretty penny to defend. A groundswell of opposition at a grassroots level is growing exponentially, and throughout the weekend, events and rallies are expected to turnout out thousands of people across the state.

This act of political symbolism is dangerous to the ideals of America and is likely to have a copycat effect across the country. Even with its eventual defeat, its repercussions will remain for time to come.

Photo courtesy of flickr ri4a.

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John McCain betrays the immigration movement

How exactly does a leopard change his spots? Ask Senator John McCain. When asked about SB 1070, Arizona’s new anti-immigration bill and one of the harshest affronts to civil liberty and racial equality in recent memory, the previously pro-immigration Senator endorsed the legislation calling it a “good tool” and “an important step forward”. He went on to say the bill was a “commentary on the frustration of the state legislature” with the federal government and its inaction on the issue of immigration, and added that he understood the reasoning behind it. Back in 2004, the very same John McCain had spoken up in opposition to a ballot measure in Arizona which denied undocumented immigrants some public services, referring to it during a campaign for re-election to the Senate saying-

Things are terrible, and we’ve got to fix it…But we’re not going to fix it until we have comprehensive immigration reform…When there’s a demand, there’s going to be a supply. There are jobs that Americans will not do, so we have to make it possible for someone to come to this country to do a job that an American won’t do and then go back to the country from where they came.

From 2004 to 2007, Senator McCain worked closely with Senator Kennedy and immigration advocates to fight for comprehensive immigration reform, an issue that was as controversial back then as it is now. During that time, although he faced a lot of opposition for his stance on immigration reform from within the Republican party, he stood firm, denouncing a similar measure to SB 1070 approved by the House of Representatives as “anti-Hispanic.” In 2006, referring to his unpopularity within his party over the issue of immigration, Senator McCain noted

They tell me my poll rate has plummeted over this, but I’m a big boy, I can take it.

Today, his convictions seem to be completely at the mercy of his election opponent, former Congressman J.D. Hayworth, who is staunchly anti-immigration. Speaking on the O’Reilly Factor on Tuesday night, Senator McCain offered a weak defense of the bill that directs police officers to stop anyone whom they suspect is undocumented, mandating racial profiling. When asked about the racial profiling angle, Senator McCain said that while he would be “very sorry” if that happened, the bill itself was justified by the-

…the people whose homes and property are being violated…The drivers of cars with illegals in it that are intentionally causing accidents on the freeway…Look, our border is not secured. Our citizens are not safe.

Reneging on what has been one of his signature bipartisan issues in the past, Senator McCain’s position highlights one thing very clearly – while Sb 1070 will deeply impact the rights, dignity and safety of everyone in Arizona, decisions about it are based on political gamesmanship rather than on what is best for the residents of the State. In an article in the Huffington Post, veteran immigration advocate Frank Sharry expresses his deepest sadness that Senator McCain of all people, is supporting a bill that is “a civil rights retreat of historic proportions”.

Many groups are calling on the federal Government to intervene by overturning SB 1070 and asserting their authority to enforce immigration law. Condemning the bill for making racial profiling the norm, they point to its propensity to interfere with the ability of law enforcement to engage in its primary mission which is to protect and serve the community it works in.

In the wake of seemingly petty political charades, it is important to remember that views such as Senator McCain’s are being countered by law enforcement (Arizona Association of Chiefs of Police), faith-based groups and immigrant rights advocates that are working hard to condemn and protest the bill. Arizona Governor Jan Brewer has received 11,931 calls, emails and faxes asking her to veto the bill, compared to only 1,356 in favor of it. Nine students protesting the bill through chanting and banging drums outside the Capitol were arrested “on suspicion of disorderly conduct” as 83,000 signatures against the bill were delivered to Governor Brewer’s office.

Make your voice heard and write to Governor Brewer today.

Delaying immigration reform gets expensive

Sirens, helicopters, immigration agents with guns swarming into factories and homes, this was standard game for immigration raids during the Bush administration. But all that was supposed to change during President Obama’s tenure. In a disturbing turn of events, documents procured by the Washington Post have exposed a senior-ranking Immigrations and Customs Enforcement (ICE) official explicitly stating that even while deportation of those with criminal charges has risen, the overall number of deportations is “well below the agency’s goal” and what is needed is a reversal of the downward trend of deportations.

Rather than reflect the plans of the Obama administration that is committed to an enforcement agenda focused on immigrants that commit serious crimes, the exposed ICE memo has laid out a plan that will -

pump up the numbers by increasing detention space to hold more illegal immigrants while they await deportation proceedings; sweep prisons and jails to find more candidates for deportation and offering early release to those willing to go quickly; and, most controversially, include a “surge” in efforts to catch illegal immigrants whose only violation was lying on immigration or visa applications or reentering the United States after being deported.

In keeping with this plan, ICE field offices in Dallas, Chicago and Northern California have set their agents an incentive system that calls for them to process 40-60 cases in a month in order to earn “excellent” ratings. Such a policy encourages agents to target “easy” cases rather than focus on high risk, criminal cases that take longer to process.

ICE immediately distanced themselves from Chaparro’s memo.

Our longstanding focus remains on smart, effective immigration enforcement that places priority first on those dangerous criminal aliens who present risk to the security of our communities. This focus has yielded real results – between FY2008 and FY2009, criminal deportations increased by 19%… Significant portions of the memo cited in The Washington Post did not reflect our policies, was sent without my authorization, and has since been withdrawn and corrected.

Mixed signals from an agency known for its harsh implementation of detention and deportation policies. A report published by the Center for American Progress weighs the fiscal damage that would result from mass deportation of all immigrants, the alternative to comprehensive reform that is championed by immigration hardliners, and the results should worry us all.

Based on federal spending on border enforcement and deportation for 2008, the report estimates the cost of detention and deportation for 10.8 million undocumented immigrants present in the U.S. at around 200 billion dollars. Referring to the option of mass deportation as the “status-quo on steriods”, it points to this option as a highly irresponsible one that would require “$922 in new taxes for every man, woman, and child in this country.” The bad news, the National Immigration Forum puts this number on the lower side.

The good news. Americans aren’t buying this option and are demanding immigration reform in record numbers. The Public Religion Research Institute asked American voters (predominantly white Evangelicals, Catholics and Mainline Protestants) what they think about immigration reform, and found-

Two-thirds of Americans believe in a comprehensive approach that offers illegal immigrants an earned path to citizenship. Overwhelming majorities of those asked believed that immigration reform should be guided by values of fairness, security, dignity and keeping families together.

On the other side is Public Agenda, a non partisan group that decided to find out what immigrants think about their lives in the United States. What did they find?

The overwhelming majority of immigrants say they’re happy in the United States, and would do it all over again if they could. Immigrants “buy in” to American society, for themselves and their children. They rate the United States as an improvement over their birthplace in almost all dimensions, and most say they expect their children to remain in this country. A solid majority says that illegal immigrants become productive citizens and an overwhelming 84 percent support a “guest worker” program

So what’s next? We’ve marched. We’ve rallied. We’ve practically shouted from rooftops demanding immigration reform. And now it’s time to make sure that we get some concrete action. With the current system broken, expensive and inefficient, and with 10.8 million people eager to contribute to the nation’s economy and society, everyone should be on board for finding a sustainable, just, and humane solution to the current immigration system. We rest our case.

Photo courtesy of americanprogress.org

Schumer and Graham release blueprint for immigration reform

It’s impossible for Congress to ignore the drumbeats of  a 100,000 people, descending on D.C. this weekend, to march for just and humane immigration reform. With the pressure for concrete action mounting, President Obama met Senators Charles Schumer (D-NY, head of the Senate’s Immigration Subcommittee) and Lindsey Graham (R-SC) last week, giving them that much needed nudge to introduce immigration reform legislation into the Senate. The Senators for their part asked the President to be more engaged in getting support for immigration reform.

The two Senators have been involved in discussions about immigration reform legislation for months. Today, for the first time, we are seeing the framework for immigration reform in an Op-Ed in the Washington Post, no doubt triggered by a need for answers from those coming to D.C.

Throughout our history, immigrants have contributed to making this country more vibrant and economically dynamic. Once it is clear that in 20 years our nation will not again confront the specter of another 11 million people coming here illegally, Americans will embrace more welcoming immigration policies.

The framework, rests on four pillars: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization.

The President welcomed the news.

I am pleased to see that Senators Schumer and Graham have produced a promising, bipartisan framework which can and should be the basis for moving forward.  It thoughtfully addresses the need to shore up our borders, and demands accountability from both workers who are here illegally and employers who game the system.

The announcement will no doubt trigger intense debate over the specifics of the legislation. But many feel that the framework marks an important bipartisan step forward. Any reform legislation must move away from an enforcement only approach and enact humane immigration policies which keep families together and restore fairness to the broken immigration system. Detention continues to be substandard and unjust while immigration raids and other enforcement actions continue to tear apart families, workplaces, communities, and congregations. The idea of a biometric card triggers many concerns about privacy and security.

Meanwhile the anti-immigration squad is playing out their strategies to counteract immigration reform. Yesterday, the Center for Immigration Studies released a 27 page report lashing out against immigration advocacy groups such as the National Council for La Raza and the Southern Poverty Law Center for “manipulating the press” with research and campaigns in favor of reform, clearly in retaliation to the extensive research done by these groups linking CIS with white nationalist and racist rhetoric. At the event to release the report, Campus Progress turned the tables by asking CIS Executive Director Mark Krikorian about a quote in one of CIS’s reports that said,

If small time con-artists and Third-World gold diggers can obtain green cards with so little resistance, then surely terrorists can (and have) done the same.

Krikorian’s response. The basis of the statement was justified but the language used,

it was colorful language that was too colorful. Um, but, is it beyond the pale, I would say no.

It’s exactly to counteract such racism that you need to be in D.C. this weekend. To get your voice heard above the racist din, call or tweet your Senator and write to your local newspaper. Not only do we need reform, we need good reform, and for that our voices need to get stronger and more urgent.

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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

Picture 2

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.